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So it got a little heated at this point. Because I said I want to know what the fuck you’re talking about, Mike.  Are you saying my guys aren’t doing the job?   – Brian Smith, RPOA President.

The question everyone in town is asking, is what just happened?  Did we just payout close to $100,000.00 in taxpayer monies because of “ego” or “politics” or just both?  With this in mind, the Press Enterprise is reporting that the findings on the investigation of Councilman Mike Soubirous are “inconclusive.”  Meriam-Webster Dictionary defines “inconclusive” as leading to no definite result or conclusion, not showing that something is certainly true.  Based on these findings can we argue that Councilman Soubirous is cleared of all allegations?  I would think yes.  Well, the actual PE paper delivered to peoples homes states, “Inquiry clears Councilman.”  The online version states “Probe of councilman inconclusive.”  Now folks, this is the same article, but different title.

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Why would the PE act so indifferent, this I find quite remarkable, this leads my inquiring mind to ask the question of how many prior Press Enterprise employees now work for the City of Riverside?  Such as Phil Pitchford, former PE reporter, who is now Chief Information Officer with the City of Riverside making six figures, also part of the so called elitist group, the Raincross Group in Riverside.  The Raincross Group was in support of Measure A.  Ron Redfern, former PE editor, is now the Chairman of the Greater Riverside Chamber of Commerce.  Many our calling the Chamber a laundering group by the monies that have been given to them by the City of Riverside.  You only have to look at the interconnections of the cast of characters.  Some have seen Pitchford being very chummy with City Manager Scott Barber at City Council.  Now folks, this scenerio also interplays with the County of Riverside.  You decide, does the PE really represent Truth, Justice and the American Way, Oh I forgot, and the Fourth Branch of Government?  Or just a tool for the few in the whole picture of politics?

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                                             Phil Pitchford                           Ron Redfern

A public hearing will be held July 22, 2014, but it isn’t clear how the City will proceed with this hearing in the form of an opinion or action.  What’s clear is that a misguided few who attempted to play a game of chance with ego and politics, and the cost to the tax payer was a pretty penny.  It becomes evident that the City didn’t expect the blow back to occur and may not have been prepared for the resulting repercussions of their malfeasance.  First they didn’t follow proper procedure according to Section 202 of the Code of Ethics and Conduct, specifically Mayor Pro Tem Steve Adams should have filed the complaint using the form from the City Clerks office;  Mayor Bailey should have completely recused himself and had no business getting himself involved, regardless, the section is as follows:

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With this initial assessment in mind, let’s take an analytical look at all the facts, and decipher some potential thoughts.  The Valentines Day Massacre, or what now has become a “Valentines Day Blunder”: The players at hand were seven, due to blow back of this publicly exposed investigation which revealed the true nature of this conspired deceit, which leads to why the taxpaying residents continue to mistrust our City, and will not come out publicly to state this, for fear of retaliation, such as code etc.

SEVEN

The seven are as follows: Chief of Police Sergio Diaz, City Manager Scott Barber, RPOA (Riverside Police Officers Association) President Brian Smith, RPOA Vice President Aurelio Melendrez, Councilman and Mayor Pro Tem at the time Steve Adams, Mayor William “Rusty” Bailey and City Attorney Greg Priamos, of whom seemed to have left Dodge City so quickly before the exposure hit the fan.   What is evident in this investigation is that Diaz and Barber were the employees who filed the complaint.  Barber specifically made claims that Councilman Soubirous created a “hostile work environment” for him.  I would imagine Diaz would have said the same, his complaint as Barber’s was crafted and designed based on third party information.  Is this a Chief one can trust?  He was certainly not happy with what he felt Soubirous said about RPD officers.  Later we find that these comments were from unsubstantiated third party statements or what is known as “hearsay.”  But Soubirous relayed that these comments came from his constituents, as entered into evidence in the investigation.  Let it be known that Diaz also threatened Soubirous political career.  He also threatened candidate for city council John Brandriff’s political career.  He’s threatened Karen Wright, Christina Duran, Dvonne Pitruzzello, Mary Shelton and many more residents.  You cannot treat people in America as if it’s some third world country.  This type of behavior in a police force may be acceptable in a third world country, but not in America.  So again Diaz missed the boat.  Thanks again Mr. Hudson for a bang up job..

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The witness in this complaint was RPOA President Brian Smith.  Smith and Vice President Aurelio Melendrez (son of Councilman Andy Melendrez) were the two that instigated the complaint.  Were these the other two employees Mayor Bailey and Councilman/Mayor Pro Tem Adams  were referring to in the above document?  It appears there were only two complainants according to the above letter fired back to City Manager Barber by Soubirous’s Attorney Danuta Tusynska.  Also, as a side note, Danuta Tusynska was sending all legal documents to City Manager Scott Barber, not knowing that Barber was one of Soubirous’s accusers.  According to this letter Mayor Pro Tem/Councilman Steve Adams and Mayor William “Rusty” Bailey told Councilman Mike Soubirous that there were four complainants on April 1, 2014, April Fools Day.   Were  the two trying to be facetious?  Further, both Adams and Bailey stated that the four filed under the “whistleblowers” act and would not be identified.  Again, this was found to be innaccurate, no filing was ever done.  The two actually decieved the councilman with a premeditated untruth…they lied.

Soubirous has said he believes the investigation is politically motivated because of the election, and because he has questioned Police Department actions and policies since taking office.  “I am an elected official and if I want to propose policy for (the Police Department), for building and planning, for parks and recreation, that’s my job,” he said. “They don’t want to see any rocking of the boat.”  It’s very clear that the City of Riverside has optioned, by it’s familial ties to curb the true aspirations of the taxpayers.  We have to ask the question of why they would do this?  I believe, undoubtedly, with respect to their (the City’s) position with old familial ties, that the web of  connected political repercussions we unfortunately see occurring today,  in the political forefront, can be directly tied to the actions of a certain composition of those in City Council and their employees.

Again, we at TMC have tried to tell the community and residents of Riverside for years that the very people we believe we trust, we cannot.  We are told by Adams and Bailey that four city employees have filed a complaint against Soubirous.  Later, we find that RPOA Brian Smith and Aurelio Melendrez may have been the other two, but accordingly, they are only witnesses…   The whole investigation was based on these two witnesses, while the Diaz and Barber interviews were left out of the investigation.  Diaz and Barber did not file formally as indicated, but sent letters with their complaint.  The others that were interviewed and not part of the investigative process was the Mayor, each of the City Council members, City Manager Scott Barber, Chief Sergio Diaz, City Attorney Greg Priamos, Community Services Superintendent Patricia Solano, Assistant Chief Chris Vicino and Community Development Director Al Zelinka.  Really, Al Zelinka?  What was that all about?  TMC has ordered these transcripts.  Why these taxpayer paid interviews were not used, we don’t know.  What a tangled web we weave, when first we practice to deceive!

In retrospect, Smith and Melendrez’s  initial contact person, was Chief of Police Sergio Diaz, then City Manager Scott Barber.  The two (Barber & Diaz) went to file their complaints against Councilman Mike Soubirous.  We must remind you, not formally as required.

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CITY MANAGER SCOTT BARBER’S COMPLAINT (CLICK IMAGE TO ENLARGE)

Interesting enough, is that Barbers personal complaint against Soubirous is solely based on third party information, hearsay, and not a direct encounter with Soubirous.

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POLICE CHIEF SERGIO DIAZ’S COMPLAINT (CLICK IMAGE TO ENLARGE)

 

The secondary contact people were Councilman and Mayor Pro Tem at the time Steve Adams, and the Mayor himself, William “Rusty” Bailey.  Was this a conspiracy?  Of course, we have to ask this question.  But as you know, you as the public must decide based on the facts.  The evidence and facts are uncanny.  The full investigative report is as follows:

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CLICK THIS LINK TO VIEW FULL SOUBIRIUOS INVESTIGATIONAL REPORT

The allegation made by Smith were by most, quite remarkable.  Initially, there was a meeting between Councilman Mike Soubirous and Smith on  February 14, 2014, St. Valentines Day, the premeditation date of the conspired political massacre.

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CLICK IMAGE TO ENLARGE (THE ORIGINAL CONTRACT SIGNED BY COUNCILMAN STEVE ADAMS AND THE LAW FIRM OF GUMPORT MASTAN)

The meeting with Soubirous led to some concerns by Smith.  He then went to his superior, we are not sure, as an employee or as the President of RPOA.  Regardless, he first spoke to Chief Diaz; he then took his concerns to City Manager Scott Barber,  in turn went to Adams and Bailey, with the resultant initiation of this investigation signed by Adams.

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According to Campaign Form 497, RPOA really didn’t like Mike Soubirous at a contribution of $45,984.40 of association money to the Valerie Hill Campaign.  What was this all about?  What kind of beef did RPOA have with a candidate with a 29 year, pristine career as Acting Commander with the California Highway Patrol?  Well it may have been quite a bit if he didn’t rumble to the expected tune of the RPOA.  Would this mean he disagreed with some of their postions or their obligatory demands to sustain their “organization”, as Melendrez puts it?  It seemed according to the investigating report that Aurelio Melendrez had trouble understanding how these 497 forms were attained by other officers.

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Well, these are public, and easily found on the City of Riverside web site.  It also seems your officers were concerned with how their association dues were spent, and why so much was spent when they themselves felt Soubirous would be the winning candidate.  This according to Melendrez’s testimony in the interview process.  According to page 10, RPOA President Sergent Brian Smith stated in the interview process, “What pissed me off was that he [Soubirous] was meddling in my business by going to members and poking them, saying, you know, you spent $40,000.00 on a loser.”  Let me get this straight, the taxpayer pays RPD salaries, the Councilman is the representative liaison for the taxpayer, but what Smith appears to be saying is that if you have anything to say to his members, you are “meddling” in his business.  I don’t believe Smith pays the salaries of his members, or are they employees of Smith.  I believe the members pay dues to his association, union or organization, so why would he meddle with the legitimate business of the taxpayer?

Smith said that, at the meeting, Soubirous “tried to big league me by letting me know he was the councilman and he was calling the shots, that it was a 7-0 vote to remove Scott if he didn’t do what they deemed he needed to do, and that maybe if Sergio doesn’t come in line, maybe it’s time to see if Sergio Diaz can be replaced as chief of police,” according to a transcript of his interview with Gumport.  According to the investigation, page 5, [G], It does not appear that council ever voted to remove City Manager Barber or Chief Diaz.

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In addition, it does not appear that the council or its members informally or secretly voted to remove City Manager Barber or Chief Diaz.  What’s evident, is that Smith’s contention or allegation was inaccurate. Was it by perception that the allegation or statement was made?  Or was there simply an ulterior motive?  We can only ask the question otherwise it would be sheer speculation.

One criticism of the law firm Gumport Mastan is their following statement in the investigation: “The February 14, 2014 meeting and it’s fallout, including the time and expense of Gumport Mastan investigation, demonstrate the cost and disruption that can occur when Councilmembers deal directly with subordinates of the City Manager instead of dealing with them through the city manager.”  Again, this was out of the scope of proper practice of the firm to even attempt to suggest this opinion (page 5), after they stated, according to the PE, an investigation into complaints against Riverside Councilman Mike Soubirous was inconclusive, finding that “it would be speculation” to say whether Soubirous did anything wrong.  Gumport Mastan is contradicting its own finding.  Was Gumport Mastan attempting to give the city a slight bone in their favor at taxpayer expense?

Again we must ask the question, was this a bumbling attempt by a few rogue City of Riverside elects, officials and employees a conspiracy to slander a councilman for political reasons at the expense of the taxpayer?  Residents are overwhelmingly telling TMC, Yes!  Why are residents afraid to come out, they fear retaliation by the City of Riverside.

I believe the Charter is flawed, and Council should be able to go to three Department heads to discuss policy which directly effects the taxpayer; the City Attorney, the City Manager and the Chief of Police.  In addition, they should be elected positions.  I believe RPOA is responsible for this and they should reimburse $100K back to the taxpayer for this debacle.  With that said we have a $100K that could go to our Library.  In the City of Arts and Innovation we sadly realize no one really cares about the knowledge of books and our library system.  As much as the City spends on nonsense items, we cannot get $100K?  We cannot even get a measly $100K donated from the Greater Riverside Chamber or the Raincross Group.

The question I really have for Brian, is why did you really do this?  Did you really believe a Brown Act violation was occurring?  Did you sincerely expect to receive any ground based on your suspicions?  The right thing to do is to give it back to the taxpayer, if you can dish out over $45K for a campaign, you can certainly make good on $24K  for the Library.  As an “organization” or “association” or whatever you want to call yourselves these days, people understand unions, of which you are.

Lastly, these remaining six should resign or be fired…  TMC ask for the resignation of Mayor William “Rusty” Bailey, Councilman and Mayor Pro Tem Steve Adams, City Manager Scott Barber, Chief of Police Sergio Diaz.  We City Manager Scott Barber to fire RPD Sergeant Brian Smith and RPD Detective Aurelio Melendrez.  The Greater Riverside Chamber and the Raincross Group should be asking for their resignations and firings, as well as other community advocates such as The Group, The Latino Network and the NAACP.  This my friends is what the community is asking TMC to ask for.  We want our City back..

The Second Part of this story is coming up shortly..

City Manager Scott Barber and his police chief crony Sergio Diaz have got to go. These two individuals are corrupt. Wasting taxpayer money. Filing false reports to suit their agenda. Sergio Diaz is a phony, a coward, and a little angry man who we need to send back to Los Angeles.  It has been revealed during this scandal that city officials have partnered with the RPOA Brian Smith to smear Councilman Mike Soubirous because he won the Ward 3 election. Anyone who knows Mike and Linda Soubirous know that they have only served in the best interests of law enforcement and Ward 3 residents. This is politically motivated, and the losers are the taxpayers. Who is to blame ? Mayor Bailey, Councilman Adams, , City Manager Scott Barber, RPOA president Brian Smith. These men have cost you the residents of Riverside thousands of taxpayer money in an attempt to slander Councilman Mike Soubirous because he beat Valerie Hill in the Ward 3 election… These individuals endorsed Valerie Hill. Mike Soubirous is actually doing the job that residents hired him to do… which is to ask real questions and make city officials give account for your taxes. Please support Mike Soubirous on July 22, 2014. These same individuals are also trying to slander Ward 4 Councilman Paul Davis because Davis pulls no punches when it comes to making the city accountable for your tax dollars. No more wasteful spending at City Hall. RPOA President Brian Smith you are a liar. Aurelio Melendrez… you are a spoiled brat. Just because your daddy got you a job with the RPD, and now you are vice president of the RPOA, you think you are hot stuff and that you can slander your fathers (Andy Melendrez) colleague (Mike Soubirous) ? Brian Smith and Aurelio Melendrez need to focus on police work and not politics at city hall. $100,000,000 that could have been spent on the downtown library. What a waste of taxes. Need to get rid of Scott Barber and Sergio Diaz !!!  – Isaac Mendoza, Commenter on the PE

Chief Sergio Diaz talks about men’s balls quite a bit, locker talk or obsession, I just don’t get it, or this pic…  a man with a badge and gun, what he does on his own time is his business.. Is that an RPD arm patch on his crotch? What was the Chief thinking?  Chief Diaz, don’t get pissed at the picture, we know you have balls. They may not be “balls of Kryptonite” as Soubirous, but standard “Softballs” to say the least…

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 The Brockton Bike Lane, The Magnolia Avenue Trolley…What’s next for the City of Riverside, on Mayor Baileys To Do List?

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TMC, RATED RIVERSIDE’S MOST “SLANDEROUS” AND MEZZSPELLED, “MISSPELLED” AND “OPINIONATED” BLOG SITE!  TEMPORARILY BLOCKED BY THE CITY OF RIVERSIDE AT PUBLIC ACCESS SITES WITHIN THE CITY, THEN UNBLOCKED.  I GUESS YOU CANNOT DO THAT ACCORDING TO THE ACLU.  RATED ONE TWO ONE STAR OUT OF FIVE IN TERMS OF COMMUNITY APPROVAL RATINGS..  TMC IS NOW EXCLUSIVLY EXCLUSIVELY ON FILE WITH THE COUNTY OF RIVERSIDE’S DISTRICT ATTORNEY’S OFFICE (WE BELIEVE THIS WILL END SOON, SINCE THE FOCUS IS NOW ON THE IMPROPRIETIES OF MR. “Z”, WE TRIED TO TELL YOU, BUT NOBODY LISTENED), AND DON’T FORGET WE ARE PROSSIBLY POSSIBLY ON FILE WITH THE CITY OF RIVERSIDE’S POTENTIAL SLAPP SUIT LIST… A STRATEGIC LEGAL MANEUVER THAT CAN BE DONE ONLY IN RIVERSIDE WITHOUT A CONTRACT, WE WILL HAVE TO ASK GREGORY ABOUT THAT ONE ( OUR PEOPLE WILL HAVE TO CONTACT HIS PEOPLE)… AGAIN, THANK-YOU COMMUNITY OF RIVERSIDE AND THE CITY OF RIVERSIDE EMPLOYEE’S FOR YOUR SUPPORT!   COMMENTS ALWAYS WELCOMED, ESPECIALLY SPELL CHECKERS!  WE JUST CAN’T SPELL!  EMAIL ANONYMOUSLY WITH YOUR DIRT BY CONTACTING US AT:   THIRTYMILESCORRUPTION@HOTMAIL.COM

FOJULY

George Orwell  “If liberty means anything at all, it means the right to tell people what they do not want to hear.” ― George Orwell
Benjamin Franklin  “Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.” ― Benjamin Franklin, Silence Dogood, The Busy-Body, and Early Writings

There is a cost to freedom, freedom is not free, it’s an ongoing continual effort to maintain the rights that we have from those who would prefer containment and status quo..  We may not agree with everyone, but we can be assured that everyone has a right to their opinion.  In our politically correct world today, if we looked upon the actions of which the first Americans invoked upon the Kingdom of Great Britain today.  Our Declaration of Independence would be no less, an act of domestic terrorism by today’s political correct community.  At this moment, we celebrate the actions of those domestic terrorist who have given us the rights and freedoms we celebrate this July 4th.  Today, Americans continue to fight against government efforts to increase taxes, curb out of control spending and control the very freedoms endowed upon us.
The following are interesting facts about our forefathers and the Fourth of July.  In a remarkable coincidence, both John Adams and Thomas Jefferson, the only signers of the Declaration of Independence later to serve as Presidents of the United States, died on the same day: July 4, 1826, which was the 50th anniversary of the Declaration. Although not a signer of the Declaration of Independence, but another Founding Father who became a President, James Monroe, died on July 4, 1831, thus becoming the third President in a row who died on this memorable day. Calvin Coolidge, the 30th President, was born on July 4, 1872, and, so far, is the only President to have been born on Independence Day.

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WE WERE TOLD THEY ONLY GLOW AT NIGHT..

Toxic Trails Estates…A great place to raise your family?  What would you do if you paid $500,000.00 for a new home, and later found that it sits on a major toxic spill?  Would you drink the water, well evidently Council drank the Koolaid, and bobbled right behind their infamous leader City Attorney Gregory Priamos to a potential unlawful emergency close session meeting.  It is TMC’s opinion that Priamos called the unlawful meeting so he could reprimand the council for postponing the vote on the AG Park housing development.  Whether TMC is right or wrong, it sure does sound good!  The housing project couldn’t even get bonded.  Why is developer Chuck Cox allowed to do a project as this without any bond insurance?  Cox is asking the City to take a deed of trust in lieu of a bond.  Really?  Why is he so special?  Is it because he couldn’t get bond insurance because it was a toxic spill site?  The meeting even became dramatic when Attorney Letitia Pepper POUNDED on the closed session door, demanding they all come out, and she wasn’t kidding either!  Of course she was met by two of Riverside’s finest and that handsome devil himself Assistant Chief of Police Chris Vicino, who attempted to diffuse the whole situation.  Isn’t Vicino married, he should know that you shouldn’t argue with a woman, especially if she is smarter.  You have to believe that Chief of Police Sergio Diaz knew better this time around, to stay far away from these legal vixens..

It all started in 2003, whereby developer Chuck Cox gave the city a parcel of land next to the golf course by Riverside Municipal Airport in exchange for a piece of land called simply the Old Agricultural Park.  The Old Agricultural Park had evidently been contaminated from and old city sewer plant on or adjacent to the parcel.

The following is a 2003 Interoffice Memo from Public Works Director Tom Boyd, then deputy public works director, to former City Manager George Caravalho, reporting the breakage of a digester tank which spilled its contents, and the intended clean up plans.  Later, lab analysis determined the spilled contents to contain high amounts of PCB’s (Polychlorinated Biphenyls) as well as other dangerous contaminants, as indicated below:

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CLICK THIS LINK TO VIEW FULL MEMO WITH ANALYTICAL CONTAMINANT RESULTS

Compare the Result with the DLR (Detection Limit for purpose of Reporting)-below the DLR is acceptable, over is unacceptable.  The below December 2005 Fact Sheet Cleanup Proposal states that as a result of the contaminant findings, that there are no health risk to current residents, however, they can pose a risk to future residents living in homes built on the site…  You be the judge, we’ve had City workers who have died working on the cleanup, we’ve had resident reports surrounding the untouched properties who claimed illness.

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CLICK THIS LINK TO VIEW FULL FACT SHEET

In the below youtube video, Attorney Letitia Pepper had just pounded on a closed session door to attempt to notifying Council that they are violating the brown act.  The council was inadvertently called into session by City Attorney Gregory Priamos to discuss a non agendized matter.  By Council following the City Attorney’s lead, they unknowingly violated the Brown Act.

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CLICK THIS LINK TO VIEW YOUTUBE VIDEO

Two Police Officers, Assistant Chief of Police Chris Vicino, Attorney Letitia Pepper and Attorney Raychele Sterling continued to discuss and ferret out legal aspects if pounding on a door is illegal, or just discourteous, as what they said about Chief Diaz.  The finer points of the discourteous pounding discussion continued even after council found a different mode of exit, known as sneaking out the back door.  Councilman Soubirous was the only council member that used the front door.

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Arrow points to the X Marks the spot where Pepper pounded closed session door…

UPDATE: 1:00PM: JUST IN: ANONYMOUS SOURCES ARE TELLING TMC THAT THE CLOSED SESSION MEETING WAS LEGAL BECAUSE IT DEALT WITH A PERSONNEL ISSUE, NOT A NON AGENDIZED ISSUE!  IS SOMEONE LEAVING?

UPDATE:2:00PM: IT TRUE, ALL THE HOOPLAH LAST NIGHT IF YOU PUT TWO AND TWO TOGETHER, WAS ALL ABOUT CITY ATTORNEY GREGORY PRIAMOS LEAVING THE CITY OF RIVERSIDE FOR NEW JOB WITH THE BIG TOP, THE COUNTY OF RIVERSIDE, AS INDICATED IN THE PRESS ENTERPRISE.  Priamos evidently had an interview with the County Supervisors yesterday morning, which was not on the agenda as well.  He will be named the County’s Chief Council.  As of 2012 salary statistics Priamo’s total salary package with the City of Riverside came out to $309,671.10, and will more than likely go up with as he double dips with the County.  Should he have to explain how he was clowning around with taxpayer monies when it came to utilizing outside legal help with no contract?  When it come to inside office parties, is Priamos the king of the clowns?

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WHAT ARE PEOPLE IN RIVERSIDE ARE SAYING, BESIDES GOOD RIDDANCE?

UPDATE: 06.24.2014: RIVERSIDE COUNTY GET’S OUR CROOK, NOW THEIR CROOK!  PRIAMOS OFFICIALLY NAMED COUNTY COUNSEL..

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UPDATE: 06.23.2014: FROM THE DESK OF LETITIA PEPPER: COMPLAINT REGARDING VIOLATIONS OF THE BROWN ACT.

To: Rusty Bailey, Mike Gardner, Andy Melendrez, Steve Adams, Chris MacArthur, Jim City Council Ward6 Perry, Paul Davis, soubirous@riversideca.gov
Cc: Colleen, Greg Priamos, Scott Barber

To Riverside’s City Council and Mayor:
In addition to ongoing violations of people’s free speech rights, the City officials have also engaged in violations of the Brown Act.  Most recently, the City Attorney called an illegal, unscheduled, un-noticed, and un-described closed session on June 17, 2014, as evidenced by the video of the City Council meeting at 05:07:03- 24.
This illegal closed session was further compounded by the Mayor’s adjourning the public meeting before the illegal closed session took place, as evidenced by the same video at 05:09:12. After closed sessions, there must be a report on such session. By adjourning the meeting, this step was side-stepped.
I demand that the Mayor and City Attorney publicly acknowledge that what occurred was a violation of the Brown Act, and that they publicly pledge not to engage in future violations.

Letitia Pepper

cc City Attorney, City Clerk, City Manager   bcc concerned citizens

UPDATE: 06.23.2014:9:00PM: ACCORDING TO THE BROWN ACT PRIMER, CITY COUNCIL VIOLATED THE BROWN ACT LAST WEEK!

Brown Act Primer: Closed Sessions

Part 5 of FAC’s Brown Act Primer discusses closed sessions rules for when the public may be excluded from public meetings
Preview by Yahoo

If you look at the limited situations in which a closed session is legal, you’ll see that closed sessions can be used for personnel matters, but not for an announcement by an employee saying he’s leaving!  Closed sessions for personnel matters can only be used to discuss the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee.  (Gov. Code section 54957, subd. (b).)  Furthermore, such sessions still need to be listed on the written agenda before hand, unless they involve an emergency,  the Council holds a vote and decides that it is an emergency, and then publicly states before going into closed session the code section that authorizes an emergency closed session.
Items not listed on a posted agenda may not be discussed in closed sessions except in three circumstances: an emergency, a need for immediate action and an item that was posted on a previous agenda.  (Govt. Code section 54954.2, subd. (b).)  None of those situations applied at the June 17 City Council meeting.
A City Council cannot decide that there’s an emergency or need for immediate action without discussing this during an open meeting, and then having 2/3ds of them vote to hold a closed session for this reason.  (Govt. Code section 54954.2, subd. (b)(2).)  Then there must be an oral, public announcement of the basis for the session before they go into a closed session.  Obviously, none of these things happened at the council meeting in question.
Any other (non-emergency) items for a closed session MUST be on the agenda.  Period.  It’s a basic part of the Brown Act.

WHAT WAS RIVERSIDE’S POLICE OFFICER ASSOCIATION/UNION (RPOA) PRESIDENT BRIAN SMITH AND VICE PRESIDENT AURELIO MELENDREZ TRYING TO SAY?  WERE THEY THE PERPETRATORS BEHIND THE EXPENSIVE TAXPAYER PAID COMPLAINT AGAINST ONE COUNCILMAN?  WAS THIS AN ATTEMPT TO MUSCLE A MOVE WITH THE HELP OF TAXPAYER MONEY AGAINST ONE COUNCILMAN?  THEREFORE WHAT WAS THE MO?

IS DOING THE WORK OF THE CITIZENS OF RIVERSIDE AGAINST CITY POLICY?

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             BIAN SMITH, PRESIDENT OF RPOA                       AURELIO MELENDREZ, VICE PRESIDENT OF RPOA

June 17, 2014 City Council: Public

Brian Smith, RPOA President

What was the RPOA talking about? Mike Soubirous? They appear to admit they were involved with this complaint, it couldn’t be more obvious.

Brian Smith, President of the Riverside Officers Association at City Council June 17, 2014:

Several months ago I had a conversation with a council member, ahh, which brought me some concern. Ahh, I brought that information back to some members within the City. The Department head and City Manager, ahh, it was then brought to the then Mayor and Mayor Pro Tem, and a decision was made to conduct an investigation. You authorized an investigation to be done, and I’m here to address a couple things that I believe are rumors, so, I’m not a huge fan of rumors, innuendo and supposition, so I’m going to ask you to do a couple things.

An investigation was conducted. To my understanding, the party of that investigation aside from myself as a witness, has not yet participated in the investigation, whether it be in writing or otherwise. And I think that should be done.

Secondly, my understanding is that some members want to see a summary of the investigation. And I don’t think that’s fair.  Not only to me, but it’s also not fair to you as a council and it’s not fair to the citizens as a whole. I would ask that you look into that, completely and thoroughly, don’t just take a summary. A lot of time and effort was put into that investigation. There’s an actual transcription of everyone’s interview, and I think that it is important that you get that interview, and that you read through each and every one of those, and make that decision.

I also think that if you as a council decide, after reviewing that, that it’s a matter of public record and public comment, I think it should be done. I think that publicly they should be able to.. the public should know what you’ve decided to do and what things, allegations have been made.

I also think that councilmember deserves the right to answer, to what I said, happened. I think he is entitled to that, and he should… And I think that he wants the opportunity to do that, and I think that it is the best thing, for all of us concerned, both myself, the city as a whole, the public, and those of you that are seated here.

You are the centuries at the gate, it is your responsibility to police yourselves, and conduct yourself in a manner that is appropriate. If somebody has brought forth an allegation of inappropriate behavior, it needs to be investigated, it needs to be looked into, and ultimately a decision made. And that’s.. I’m here to answer any questions that you may have, I doubt there will be any, but you all know how to get a hold of me, if need be.

Aurelio Melendrez

Aurelio Melendrez, Vice President of the Riverside Officers Association at City Council June 17, 2014:

Good evening, I’m Brian’s vice president with the Riverside Police Officers Association. My Biggest concern, that’s come out of this, is that, for any of you that have been for any longer than four years. You remember what it was like when we had city government that over reached their bounds, stuck there hands in department heads business that didn’t belong there. I want to make sure for the sake of transparency, just like this councilman has asked for, that we put it out there for everybody to see.  Brian, me, all of us at the association want to make sure our organization is protected.. we don’t want to go backwards, we’re trying to go forward.

Sergio Diaz recently had an incident, first thing he did was sign away his right to privacy, and he shared his complaint openly, he took ownership of what he did, and I want to make sure this person does the same.. Thank-you.

Does Melendrez appears to conceive that RPD is an independent “organization” as stated at City Council?  An organization (or organisation) is an entity, such as an institution or an association, that has a collective goal and is linked to an external environment.  Has Riverside’s finest lost there way?  Concerned citizens and local community groups in Riverside say Yes!  RPD needs to be more community orientated and needs to stop thinking they are an independent external entity.

What is it between Council and RPD?  According to Melendrez, there was a time that city government “overreached there bounds”, and stuck there hands in department heads business that didn’t belong there.   What was meant by that?  Were they talking about Councilman Adams interfering with the promotion process?  Or was it our City Attorney Greg Priamos, with his embroidered bullet proof vest, which states “City Attorney,”  involved with the raid on the Vibe club in Riverside?   Or is it simply by Chiefs Diaz’s standard, that people should simply stay out of police business and stay at home eating cheetos in their underwear?  Is he saying they should be independent?  Is Riverside a dicktatorship? Sorry, a dictatorship as many in our residential communities are expressing?  Who would then in the City be authorized to ask questions regarding police business?  Incidentally, Aurelio Melendrez is the son of current Ward 2 Councilman Andy Melendrez..

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Is the focus of Smith’s and Melendrez’s complaint directed possibly toward Councilman Mike Soubirous, the only independent voice on the Council?  A complaint against Soubirous is a complaint against Ward 3 constituents who we are told respect their hard working Councilman.  Since Aurelio is the son of Councilman Andy Melendrez, can we believe there may be some conflict of interest at hand due to his familial connection?

MS

What those two officers need to know is that Councilman Soubirous is their boss.

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We asked the question if this whole investigation is politically motivated because the City supported Valerie Hill rather than Soubirous.  Another interesting point regarding this mailer is that it was paid for by the Riverside Police Officer’s Association  as indicated by the red arrow.  According to a new article in the Press Enterprise, Soubirous continues to say he believes the investigation is politically motivated because the police union backed his opponent in the election, and because he has questioned police department actions and policies since taking office.  Is this becoming a issue of Piss Poor Politics?

Why did City Manager Scott Barber walk out right before Riverside Police Officers Association/ Union President Brian Smith came to the podium?  Was he disturbed that Smith made public, something that shouldn’t have been public?

BARBER

Second Councilman Paul Davis, is also up against a Human Resource Complaint for a similar presmise… Doing the work of the people has it drawbacks..it certainly seems you will get political blowback for asking question.

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When did that become so bad, is it only in Riverside?  The ultimate question they should be asking and concerned about is what is really going to happen to Police Officer Pensions in 2016?  That should be of concern.  Maybe Brian and Aurelio should realize that the way the City of Riverside has done business, will impact their jobs.  For one thing they should understand where pension monies have gone, there will be n money t sue the city if need be.  They need to do a little bit of investigative work themselves, in order to uncover how their pension monies have been used. The following is a response by Riverside Police Officers Association President Brian Smith to Thirty Miles of Corruption.

6/20/14: To: THIRTYMILESCORRUPTION@HOTMAIL.COM 

Interesting to read your take on what the rpoa was “saying” at the council meeting.  Perhaps a little investigating on your part you’d find a councilman likely violated the Brown Act…intimated that the city manager and chief of police jobs were in jeopardy. ..and a myriad of other things..

You may also uncover during your investigation that the complaint was actually filed by city employees and not the union.  In fact, the union was interviewed as a witness only.

The fact of the matter is this particular councilman needs to stop campaigning and start governing!  

Feel free to contact me, after you have done a little investigation on your own. 

Brian C Smith

TMC’s response to Brian Smith’s email response..

6/20/14: To: BRIAN SMITH, PRESIDENT OF RPOA

Hi Brian,

I do appreciate your email response regarding the one councilman who allegedly violated the Brown Act.  With all due respect, myself and the citizens of Riverside have a great appreciation for our Police force and the excellent work they do for our community.  For some reason, many find it difficult to forward constructive criticism regarding The Riverside Police Force, because it seems when we are responded to, we are disregarded and not taken seriously.

I’d like more than anything to clean this possible misconception up.  I will definitely make it right with regards to your conception of spin.  Spin is not good, it only makes us dizzy about the reality of true events. I’d like to ask you some questions to clear this up.  Regarding this one councilman,  “What part of the Brown Act did he specifically violate?”

As taxpayers we spent approximately 100K to ask a question (50K for the investigation and 50K for the law firm), we are still waiting for the 100K question to be answered.  Wouldn’t it have been frugal for city employees to file an ethics complaint?  Which would be free.

In your email to me you stated that, “You may also uncover during your investigation that the complaint was actually filed by city employees and not the union.”  I realize that only employees of the City of Riverside can initiate this complaint.  Were you one of the employees at the time that initiated this complaint?  Were the employees City Manager Scott Barber and Police Chief Diaz?

Could you clear up the statements made at City Council June 17, 2014, whereby you stated that “Several months ago I had a conversation with a council member, which brought me some concern.  I brought that information back to some members within the City.  Department head and City Manager, it was then brought to Mayor Pro Temp and Mayor.”  Could you clarify this statement.

Also, you stated, “I also think that councilmember should have a right to answer to what I said, happen.  I think he is entitled to that.”  Could you clarify this statement.

At one time you were under Chris Lanzillo, who was president of RPOA, could you express any premonition yet to come regarding his behavior with reference to his alleged alliances with Lackie, Dammeier & McGill?

At some point in time did you feel that some in RPD were entitled to personal use of city vehicles?  Could you give us some insight regarding allegation of Councilman Steve Adams and interfering with the promotional process?  When you were Vice President and Chris Lanzillo was President of the RPOA, could you give us some insight in reference to the Cop Playbook?  Lastly, is this a concerted effort on part of the City to remove certain council people due to politics?

Again, thank-you for contacting us.

All the best,  Javier Moreno

UPDATE: JUNE,22,2014: FROM THE DESK OF ATTORNEY LETITIA PEPPER: NEW RULES WHEREBY SPEAKER CARDS MUST BE TURNED IN ADVANCE.

To: K Wright, Colleen, Sherry Morton-Ellis, asmelendrez@riversideca.gov, msoubirous@riversideca.gov, Chris MacArthur, Mike Gardner, Paul Davis, Rusty Bailey, Steve Adams, sbarber@riversideca.gov, Greg Priamos
Cc: Kevin Dawson, Gurumantra Khalsa
Re: The Recent Rule that All Speaker Cards Must Be Turned in Advance of the Public Comment Period Appears to Be Unconstitutional.

Honorable Mayor, City Council Members, City Attorney Priamos and City Manager Scott Barber:
I was present, as was Kevin Dawson and a few other people, when, as Karen Wright walked to turn in a speaker card during the on-going public comment period, she was specifically singled out by Mayor Bailey by name, and told that her card would not be accepted because it was turned in too late.
I had already intended to send you a letter about this event, but since Karen Wright copied me with her e-mail, I’ll provide my comments instead by e-mail.
Free speech is one of the fundamental rights guaranteed to us by both the stet and federal constitutions. Any time the government takes action that impairs a fundamental right, it must have a compelling reason to do so, and it must use the least intrusive means possible to accomplish its alleged goal.
Here, the right at stake is the First Amendment (and concomitant but more protective state constitutional article) right of political speech. This right includes the right to comment on the government’s actions in a specifically forum designed for such purpose, the public comment section, as well as the period for public comment after each agenda item. This relatively new rule requires that all speaker cards for each such period all be turned in before the agenda item has been called.
As explained below, this rule appears to be unconstitutional, and I ask that the City Council promptly rescind such rule and return to the original method of letting people turn in speaker cards up until the final comment for each period has concluded.
The background for my conclusion that the new rule is unconstitutional follows. If the City Attorney advises you to the contrary, please remember that this is the same attorney who told you that “moratoriums are illegal” (as you know, we currently have a moratorium on the issuance of building permits) and the same attorney who advised Mayor Bailey that arresting me for applauding was a perfectly good solution to — what? What problem was the applause causing? But I digress.
In the past, the citizens of Riverside were able to comment on various items simply by lining up along the walls and waiting their turn as each agenda item was called. They did not need to fill out speaker cards. The citizens, not the government, decided on the order in which they would speak. The citizens could listen to their fellow citizens speak, and then decide that they, too, wanted to comment — and then get up and join the line to add their comments, too. Legally, no one was required, as a condition of being allowed to speak, to give an name or an address, or any other information, including whether they favored or disfavored an item.
But under Ronald Loveridge, that clever political scientist, this was changed. Speaker cards were required, as well as the speakers supposed stand on an item. This changed the balance of power. The government could control the order of speakers. It could group those in favor or opposed together, and let one group or the other speaker first or last. The government could make sure that a strong speaker that supported the position of the government would be the final speaker. I personally saw these things happen over the years.
Although legally the government cannot require people to give a name, address or other information as a condition of speaking, the average person does not know this. So some people choose not to speak up because they do not want to share such information. I have seen this happen, too, when people, like me, who have used medial marijuana with great success, could share how much it has helped them, but are afraid to do so because of the potential ramifications such use could have on them because of the irrationnal laws that still exist making such use illegal or grounds for losing employment.
I have personally witnessed all these uses of the speaker card system to give the government an “edge” over public speech. This new rule is simply another attempt to let the government have unnecessary control over free speech.
Now, the rationale is that letting people turn in speaker cards during the meeting is somehow “disruptive.” It is not disruptive. It was never disruptive in the past for people to turn in cards during the meeting. I, and others, saw this happen for many years, with no problems.
Even court rooms function in this way, with people able to approach to bailiff or court room clerk, while court is in session and the judge is listening to other people, in order to quietly conduct other business unrelated to the event then taking place before the judge.

     So walking up to the front corner of the room to slip a speaker card into the receptacle, while someone else is at the podium speaking, is simply not so disruptive as to justify depriving anyone (even Karen Wright, who it’s clear is one of the City’s “disfavored” speakers) of the fundamental right of free political speech.
Requiring anyone who wishes to speak to turn in a speaker card at any time before the very end of the period for such speech is not the least intrusive way of solving the alleged problem of “disruption.” There was no disruption caused by handling things in the prior way.
Again, I ask that the City Council take a stand and represent its constituents by protecting their right to engage in the fundametnal constitutional right of political speech without unwarranted intrusion and interference by their government.

Letitia E. Pepper

TMC, RATED RIVERSIDE’S MOST “SLANDEROUS” AND MEZZSPELLED, “MISSPELLED” AND “OPINIONATED” BLOG SITE!  TEMPORARILY BLOCKED BY THE CITY OF RIVERSIDE AT PUBLIC ACCESS SITES WITHIN THE CITY, THEN UNBLOCKED.  I GUESS YOU CANNOT DO THAT ACCORDING TO THE ACLU.  RATED ONE TWO ONE STAR OUT OF FIVE IN TERMS OF COMMUNITY APPROVAL RATINGS..  TMC IS NOW EXCLUSIVLY EXCLUSIVELY ON FILE WITH THE COUNTY OF RIVERSIDE’S DISTRICT ATTORNEY’S OFFICE (WE BELIEVE THIS WILL END SOON, SINCE THE FOCUS IS NOW ON THE IMPROPRIETIES OF MR. “Z”, WE TRIED TO TELL YOU, BUT NOBODY LISTENED), AND DON’T FORGET WE ARE PROSSIBLY POSSIBLY ON FILE WITH THE CITY OF RIVERSIDE’S POTENTIAL SLAPP SUIT LIST… A STRATEGIC LEGAL MANEUVER THAT CAN BE DONE ONLY IN RIVERSIDE WITHOUT A CONTRACT, WE WILL HAVE TO ASK GREGORY ABOUT THAT ONE ( OUR PEOPLE WILL HAVE TO CONTACT HIS PEOPLE)… AGAIN, THANK-YOU COMMUNITY OF RIVERSIDE AND THE CITY OF RIVERSIDE EMPLOYEE’S FOR YOUR SUPPORT!   COMMENTS ALWAYS WELCOMED, ESPECIALLY SPELL CHECKERS!  WE JUST CAN’T SPELL!  EMAIL ANONYMOUSLY WITH YOUR DIRT BY CONTACTING US AT:   THIRTYMILESCORRUPTION@HOTMAIL.COM

brandrifffinding2

CLICK IMAGE OF LETTER TO ENLARGE

According to the letter signed off by Assistant City Manager Deanna Lorson, John Brandriff’s complaint was valid.  Chief of Police Sergio Diaz was found to be guilty of “Discourtesy”.  Well yes, we thought it was more of being a “Threat.”  Remember, Diaz was threatening Brandriff’s political career, and for good measure, he went on to question Brandriff’s manhood!   Which these actions seem to be very different from the terms “misconduct” or “poor service.”   The actual finding states, that the department member committed all or part of the alleged acts of misconduct or poor service.  Sorry this just doesn’t seem to describe the threat to end one’s political career or the justification to tell Brandriff that he should grow some balls and talk to him.  Should we add professionalism to this?  It just goes on to sound as a simple man, with a badge, a gun, power, ego and a preoccupation with men’s balls.  Is this just another L.A. West Side story?  The next question is how CM Scott Barber will handle this case.  Remember, the Chief does not take criticism well, according to many in the community that have dealt with him.  Will this be a slap on the wrist, a write up or a course in Anger management?

diaz

Did I get that right Serge…What? Was that a thumbs up?

REMEMBERING THOSE THIS JUNE 6 WHO FOUGHT ON THE SHORES OF NORMANDY, FRANCE IN 1944:

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AMERICAN CEMETERY NORMANDY, FRANCE

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CITY RIVERSIDE SUES REGISTRAR OF VOTERS TO BLOCK LEGAL MARIJUANA BALLOT MEASURE!  AS IF THE CITY HAS THE MONEY TO DO SO…

According to the Press Enterprise, of which I believe TMC is blocked from the PE for some reason from commenting…  At the direction of the Riverside City Council a lawsuit was filed to block the Registrar of Voters office from placing a legal marijuana initiative on the ballot!  But is this really legal, the basis of the City’s argument is that it is illegal.  Okay I give you that, according to Federal Law Marijuana is in a CI classification under the Controlled Substances Act (CSA) (21 U.S.C. § 811), therefore marijuana is classified as a Schedule I drug, which means that the federal government views marijuana as highly addictive and having no medical value.  Yes Marijuana is illegal according to Federal Law, but so is Illegal Immigration, where are they on that stand?  Doctors may not “prescribe” marijuana for medical use under federal law, though they can “recommend” its use under the First Amendment.  But why does are little ol City Attorney Greg Priamos feel he can go out of his jurisdiction to pull a legal block, which in essence is a Federal issue?  Yes, this is a federal issue and Priamos should know that, and call the Feds to take over.  The Feds in general are currently taking a back seat on the marijuana issue.  Just the fact that Priamos thinks that he can put an end to the legal voting process, is at least, goes against everything in which this country was built on.  Blocking the will of the people is a very dangerous position to take regarding those in City Council to take.  This leads to the question of what other voting issues have the City gone against in favor of their own agenda.  One comes to mind, the use of taxpayer monies for Yes on Measure A campaign.  Was that a Federal issue also?  Now we are getting somewhere.  Greg, you don’t own this City, State or Country, quit spending taxpayer monies on frivolous law suits when the City is having difficulty paying their debt service.

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City Attorney, Gregory Priamos

Priamos should also have know that it is illegal to enter into outside legal help without contracts, also for illegal water monies transferred in violation of Proposition 218, for bond fraud, for redevelopment money improprieties, for faulty legal advice to counsel, for the code rehab property scam, for using taxpayer monies to pay for parties etc. etc.

In a time when the City of Riverside is having difficulty paying it’s debt service, thanks to former City Manager Brad Hudson, this initiative would tax and regulate a small number of dispensaries within the City.  Tax money gained from the sale can help the city with it’s debt service, instead of attempting to increase the residents utility rates again, and again.  This certainly is a reflection of how our City views it’s voting constituents.

HYATT OWNER METRO RIVERSIDE FILES CHAPTER 11 TO CIRCUMVENT THE CITY’S FORECLOSURE PROCESS!  The City of Riverside filed foreclosure proceeding on the newly constructed Hyatt Hotel.  Originally the hotel was built by money loaned to Sivash Barmand, who owned the San Francisco based company, Metro Pacific properties, to the tune of approximately $20 million. Barmand, who does business in the City of Riverside as MetroRiverside, defaulted on their agreement by allowing their reserve fund fall below the required balance.  This is just the beginning, as a cascade of surprises unveils itself as a result of Mayor Bailey’s moral compass, former City Manager Brad Hudson.  Not long ago the Hyatt was in court claiming the City was attempting to “extort” them!  What now Councilman Mike Gardner, this was on your watch!  This was our story back in October of 2012.

UPDATE: 10/26/2012:  THE DEVELOPER OF THE HILTON TO SUE THE CITY OF RIVERSIDE..  WITHIN THE CONTRACT, IF THE DEVELOPER DEFAULTS, THE CITY IS NOW IN THE “HOTEL BUSINESS.”  FOR THIS TRANSACTION, TWO FIRESTATIONS AND TWO LIBRARIES ARE USED AS COLLATERAL.. 

(HYATT PIC COURTESY OF TRIP ADVISOR)

IS THE CITY OF RIVERSIDE INVOLVED IN “EXTORTION” AS CLAIMED BY HYATT DEVELOPER?

According to the Press Enterprise, a story broke by City Council Gadlflies almost a year ago, no one listened, because they may have thought they were simply “crazy” made mention to the contract between the City of Riverside and the Developer Siavash Barmand.  The other claim states that the city “extorted” money from MetroRiverside by improperly changing the obligations to build public improvements, and by delaying approval of designs for the improvements. The claims say the developer lost money because of the design approval delay and the convention center closure.

I’m surprised the City didn’t code it to death, then rehab it at a profit.

TMC, RATED RIVERSIDE’S MOST “SLANDEROUS” AND MEZZSPELLED, “MISSPELLED” AND “OPINIONATED” BLOG SITE!  TEMPORARILY BLOCKED BY THE CITY OF RIVERSIDE AT PUBLIC ACCESS SITES WITHIN THE CITY, THEN UNBLOCKED.  I GUESS YOU CANNOT DO THAT ACCORDING TO THE ACLU.  RATED ONE TWO ONE STAR OUT OF FIVE IN TERMS OF COMMUNITY APPROVAL RATINGS..  TMC IS NOW EXCLUSIVLY EXCLUSIVELY ON FILE WITH THE COUNTY OF RIVERSIDE’S DISTRICT ATTORNEY’S OFFICE (WE BELIEVE THIS WILL END SOON, SINCE THE FOCUS IS NOW ON THE IMPROPRIETIES OF MR. “Z”, WE TRIED TO TELL YOU, BUT NOBODY LISTENED), AND DON’T FORGET WE ARE PROSSIBLY POSSIBLY ON FILE WITH THE CITY OF RIVERSIDE’S POTENTIAL SLAPP SUIT LIST… A STRATEGIC LEGAL MANEUVER THAT CAN BE DONE ONLY IN RIVERSIDE WITHOUT A CONTRACT, WE WILL HAVE TO ASK GREGORY ABOUT THAT ONE ( OUR PEOPLE WILL HAVE TO CONTACT HIS PEOPLE)… AGAIN, THANK-YOU COMMUNITY OF RIVERSIDE AND THE CITY OF RIVERSIDE EMPLOYEE’S FOR YOUR SUPPORT!   COMMENTS ALWAYS WELCOMED, ESPECIALLY SPELL CHECKERS!  WE JUST CAN’T SPELL!  EMAIL ANONYMOUSLY WITH YOUR DIRT BY CONTACTING US AT:   THIRTYMILESCORRUPTION@HOTMAIL.COM

HS

Riverside Councilman Mike Soubirous seen speaking to the newly elected District Attorney, Mike Hestrin at the election night party.

According to the current posting on the Riverside Registrar of Voters, out of 139,978 total votes, Hestrin holds 54.73% of the vote compared to incumbent Paul Zellerbach at 45.27% of the total vote.  While the Zellerbach campaign sent flyers out touting Hestrin as being a “Deadbeat Dad.”   Voters I’ve talked to, felt their intelligence was being insulted, by this type of grammar school pranks, especially by an incumbent that has represented the County of Riverside.

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One dirty campaign?  Well it seems karma finally played it’s role.

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Sorry, just couldn’t help myself!

Zellerbach now has own worries, of his own making, caught with sign tampering and the use of taxpayer property for other than the work of the people; Zellerbach could face 2 felonies and 4 misdemeanors.  A hacking of Hestrin’s wifes computer and access to her personal photos also led suspicion to suspect the Zellerbach campaign.

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What’s not so difficult to believe, is those in the City of Riverside which we would call “status quo”, which are current Mayor Bailey vehemently was against…supported the “Z”.  We are finding contradiction and hypocrisy at the curtails of the truth.  Even the City of Riverside’s City Attorney Gregory Priamos is a supporter of the “Z”.  Well, not a surprise, as some are saying “One crook to another!”  They have to…they know where all the bodies are buried.  Again, TMC is continuing to receive email of Zellerbach stalking his ex-wife.  Yes! folks, but we cannot corroborate this, though the emails keep coming in.

ZMAY2014          ZMAY2014TWO

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Residents in the community have been asking for more trust, fairness and integrity in government, desperately wishing for leadership who would ask the hard questions, and do their job of representing needs and aspirations of the community, instead of the status quo.  One of the foremost newly elected grassroots leaders in the City of Riverside, is Ward 3 Councilman Mike Soubirous.   With Hestrin winning this District Attorney seat, people are ecstatic at best, proclaiming the two to be some of the  best in coming grassroots candidates Riverside has ever had.   This, which spells new leadership, not only for the City of Riverside, but for the County of Riverside, law enforcement and those working in the D.A.’s office.

zellerback

Constituents were just finding difficulty trusting someone in a tou tou…

But in hindsite, according to the words of Rodney King, “can’t we just get along?”  But I guess not, because the community must continually let leadership know who is in charge.. in taking appropriate action.

UPDATE: NEWLY ELECTED COUNCILMAN JIM PERRY TO BE RECALLED?  DID HE TURN TO STATUS QUO AND AGAINST THE CONSTITUENTS SO QUICKLY?  CONSTITUENTS ARE SAYING A RESOUNDING “YES!”  WHY DID HE REALLY TAKE THE POSITION?  MORE TO COME..

RECALL

RIVERSIDE POLICE OFFICER HITS BLIND MAN?  Another incident of a RPD officer colliding his vehicle into a pedestrian.  What is not reported by the PE is that the vehicular impact with this pedestrian was such that he went over the hood into the windshield!  Lt. Val Graham states there is an investigation, but no word if the officer was drug tested, or if he was distracted why’ll on his in car computer or cell.  We had a similar incident in the Casa Blanca area where a pedestrian Isabel Pablo was hit by RPD officer Boulerice, where she died soon after of her injuries.  They did try to do the “Diaz Spin” by stating she was drunk and jaywalking, but the officer admitted going to fast and was on the in car computer.  This officer was not drug tested, but if this accident involved a non-officer, this subject would have been drug tested and possible charged with manslaughter or a more serious charge.  As a community we all know that our Riverside Police Officers have a difficult job, and we appreciate what they do for our community, but we should have the finances, through initiatives such as Measure A, that an officer does not go out in a vehicle alone.  I find this problematic, an officer should not be sent in a vehicle alone, there should be a secondary partner for immediate back-up and to take over the task of technilogical communications, which would allow the driver not to be distracted.  We saw this with fallen officer Ryan Bonaminio, who single-handedly attempted to subdue a criminal episode, which resulted in his untimely death.

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As TMC said before in a December 2012 posting, the crosswalk where Pablo was killed, is quite confusing, infact, the crosswalks throughout the length of the street is inconsistent.  But after a policy change in reference to on-board RPD vehicle computers, are they, RPD, abiding by these rules?

policyone  policytwo   policythree

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The following PE article states that the fatal crash which resulted in the death of Pablo, influenced new police computer policy.

TMC, RATED RIVERSIDE’S MOST “SLANDEROUS” AND MEZZSPELLED, “MISSPELLED” AND “OPINIONATED” BLOG SITE!  TEMPORARILY BLOCKED BY THE CITY OF RIVERSIDE AT PUBLIC ACCESS SITES WITHIN THE CITY, THEN UNBLOCKED.  I GUESS YOU CANNOT DO THAT ACCORDING TO THE ACLU.  RATED ONE TWO ONE STAR OUT OF FIVE IN TERMS OF COMMUNITY APPROVAL RATINGS..  TMC IS NOW EXCLUSIVLY EXCLUSIVELY ON FILE WITH THE COUNTY OF RIVERSIDE’S DISTRICT ATTORNEY’S OFFICE (WE BELIEVE THIS WILL END SOON, SINCE THE FOCUS IS NOW ON THE IMPROPRIETIES OF MR. “Z”, WE TRIED TO TELL YOU, BUT NOBODY LISTENED), AND DON’T FORGET WE ARE PROSSIBLY POSSIBLY ON FILE WITH THE CITY OF RIVERSIDE’S POTENTIAL SLAPP SUIT LIST… A STRATEGIC LEGAL MANEUVER, WE WILL HAVE TO ASK GREGORY ABOUT THAT ONE ( OUR PEOPLE WILL HAVE TO CONTACT HIS PEOPLE)… AGAIN, THANK-YOU COMMUNITY OF RIVERSIDE AND THE CITY OF RIVERSIDE EMPLOYEE’S FOR YOUR SUPPORT!   COMMENTS ALWAYS WELCOMED, ESPECIALLY SPELL CHECKERS!  WE JUST CAN’T SPELL!  EMAIL ANONYMOUSLY WITH YOUR DIRT BY CONTACTING US AT:   THIRTYMILESCORRUPTION@HOTMAIL.COM

 

CODE

FROM THE DESK OF LOUIS J. JEAN-LOUIS:
By: *Louis J. Jean-Louis, a freelance writer

The City of Riverside, along with its elected officials and attorneys Gregory Priamos, James E. Brown and Rahman N. Gerren — much like other cities across the US and their attorneys — has devolved its governance into a quasi-criminal operation, thereby perpetrating a scheme on thousands of its homeowners since the mortgage meltdown of 2008.

The fraudulent scheme clusters around the use of its Code Enforcement Department to target homeowners whose houses are in foreclosure, a segment of the population that happens to be disproportionately African-American, Minority, Elderly, Residents who lack proficiency in the English language and are unable to afford the high cost of litigation.

Through its Code Enforcement Department Officers, the City tags the target property owners’ homes with recurring citations, retroactive fines and excessive administrative fees amounting to $1,000.00 a day and a maximum of $100,000.00 per occurrence for minor violations.

These minor violations, which include, “dry grass, overgrown vegetation, outdoor storage, unpermitted home use and parking vehicles in their driveways,” are prima facie unconstitutional because of their vagueness, overreaching nature and their selective prosecution to the herein enumerated property owners.

The Code Enforcement Department further uses other purported administrative remedies, such as citing the target homeowners for nuisance abatement, conducting warrantless searches to gain access to their homes to drum up additional charges and ostensibly build a claim against their homes and invoking its illegal receivership power, which amounts to illegal takings of personal and real property without due process and procedural due process.

The City further establishes a kangaroo court system in which its employees serve as prosecutor, judge, and jury in violation of the separation of powers doctrine, to extort millions of dollars from its residents pursuant to a criminal enterprise that may be the subject of federal prosecution under the Racketeer Influenced Corrupt Organizations, known as the Federal RICO statutes of the United States of America.

Some of the City’s victims, who are elderly, foreign residents and therefore lack proficiency in the English language, are unaware that anything is wrong until the sheriff shows up at their door with an eviction notice. And, under this scenario, their belongings end up on the city sidewalks while their elderly parents and young children are forced into the homeless shelters of the city that are already overcrowded. Although not reported in the main-stream media, some of the victims of this criminal scheme have chosen suicide over the loss of the greatest investment of their lifetime: their piece of the American Dream.

The City’s bureaucracy then turns its recurring citations, retroactive fines and excessive administrative fees into a lien on the target properties. And the lien, in turn, gives the city a significant ownership interest in the target property owners’ homes, thus clouding the title of the said homes.

That cloud or slander of title then causes the homeowners’ respective banks to raise their monthly mortgage payments exponentially, and in one particular case to $14,000.00 a month, making it impossible for those struggling homeowners, either to afford their mortgages, sell their properties, refinance their loans or negotiate modification or short-sale options with their respective banks, leaving them with only one alternative: foreclosure.

After foreclosure, which in effect removes the target property owners from the chain of title, the City of Riverside negotiates with the respective property owners’ banks to buy those foreclosed homes for a fraction of their value. The City then renovates and resells those homes to other co-conspirators of the scheme at a substantial profit. Or, alternatively, the City, in concert with the County of Riverside, attaches to, and collects its outstanding liens from, the target property owners’ tax bill or from the proceeds of the foreclosure sales.

Listed on the Code Enforcement website is a file, entitled “Open Cases”, that contains approximately 2,500 similarly-situated property owners who are being targeted by the City of Riverside’s ongoing criminal scheme.

Moreover, I have obtained other documents that prove rather inclusively that the primary purpose of the City of Riverside’s criminal scheme is to use fiat code ordinances, which are trumped or preempted by the Supremacy Clause of the US Constitutional, The California Constitution and other State laws and statutes, to extort millions of dollars from some of the most indigent and financially-strapped citizens of the community.

Even more frightening, in the view of some, the selective prosecution of these unconstitutional municipal ordinances predominantly against African-Americans, citizens of Hispanic descent and other Minorities under color of law and official right is tantamount to a form of modern-day ethnic cleansing.

I, an investigative reporter, am one of tens of thousands present and past similarly-situated victims of this rampant corruption by Riverside elected officials and public servants. One such case against Riverside for civil rights violation, styled Louis J. Jean-Louis v. City Of Riverside, et al, Case No. ED CV 13-01059-MMM (ASx), has been filed in federal court on my behalf.

As its financial woes worsen, the City of Riverside, aided by its attorney Priamos, assistant attorneys Brown and Gerren, and complicit network law firms … who are aiding and abetting the municipal bureaucracy in its criminal scheme, is even more determined than ever to continue perpetrating their fraud under the guise of enforcing fiat municipal ordinances: a criminal fraud that has thus far netted the City and its accomplices millions of dollars in ill-gotten wealth. The unfair, deceptive and illegal activities of Riverside, its attorneys, elected officials and public officials and network law firms have been carried out heretofore with impunity.

If you are a class action attorney or a firm that is interested in pursuing a class action lawsuit against the City of Riverside, please contact me at your earliest convenience. Or if you are a victim of a similar fraud by Riverside or any other US city and would like to start a support group to combat this public corruption, please contact me either by telephone @ (951) 897-1691 or via email @ jl4jc2@aol.com

You may also file a complaint against Riverside City attorneys Gregory Priamos, James E. Brown and Rahman N. Gerren with the State Bar of California, which is located at 845 S. Figueroa Street, Los Angeles, CA, 90017-2515 (213) 765-1000; or against the city officials themselves with the following agencies: The US Attorney General Eric H. Holder, US Department of Justice, Criminal Division, 950 Pennsylvania Avenue, NW, Washington, D.C., 20530-0001; State Attorney General Ms. Kamala D. Harris, California Department of Justice, Attn.: Public Inquiry Unit, P.O. Box 944255, Sacramento, CA 94244-2550; Governor Edmund G. Brown, Jr., c/o State Capitol, Suite 1173, Sacramento, CA 95814; Chair of the United States Commission on Civil Rights Martin R. Castro, 624 Ninth Street, NW, Washington, D.C. 20425; and the Local Office of the FBI, Los Angeles, Suite 1700, FOB, 11000 Wilshire Boulevard, Los Angeles, CA 90024-3672.

In times of public corruption, the greatest threat to liberty is for the majority of the citizenry to remain silent in the face of tyranny: when others’ constitutional rights are being systematically violated. Therefore, let’s continue to speak up and expose this systemic fraud by elected officials and public servants. And let the chips fall wherever they may!

*Louis J. Jean-Louis has a BS Degree in Journalism, with emphasis in Reporting and Editing.

TMC, RATED RIVERSIDE’S MOST “SLANDEROUS” AND MEZZSPELLED, “MISSPELLED” AND “OPINIONATED” BLOG SITE!  TEMPORARILY BLOCKED BY THE CITY OF RIVERSIDE AT PUBLIC ACCESS SITES WITHIN THE CITY, THEN UNBLOCKED.  I GUESS YOU CANNOT DO THAT ACCORDING TO THE ACLU.  RATED ONE TWO ONE STAR OUT OF FIVE IN TERMS OF COMMUNITY APPROVAL RATINGS..  TMC IS NOW EXCLUSIVLY EXCLUSIVELY ON FILE WITH THE COUNTY OF RIVERSIDE’S DISTRICT ATTORNEY’S OFFICE (WE BELIEVE THIS WILL END SOON, SINCE THE FOCUS IS NOW ON THE IMPROPRIETIES OF MR. “Z”, WE TRIED TO TELL YOU, BUT NOBODY LISTENED), AND DON’T FORGET WE ARE PROSSIBLY POSSIBLY ON FILE WITH THE CITY OF RIVERSIDE’S POTENTIAL SLAPP SUIT LIST… A STRATEGIC LEGAL MANEUVER, WE WILL HAVE TO ASK GREGORY ABOUT THAT ONE ( OUR PEOPLE WILL HAVE TO CONTACT HIS PEOPLE)… AGAIN, THANK-YOU COMMUNITY OF RIVERSIDE AND THE CITY OF RIVERSIDE EMPLOYEE’S FOR YOUR SUPPORT!   COMMENTS ALWAYS WELCOMED, ESPECIALLY SPELL CHECKERS!  WE JUST CAN’T SPELL!  EMAIL ANONYMOUSLY WITH YOUR DIRT BY CONTACTING US AT:   THIRTYMILESCORRUPTION@HOTMAIL.COM

cprcletter

CPRC Letter

TMC was notified earlier today that John Brandriff’s complaint against Chief of Police Sergio Diaz has forwarded to the Community Police Review Commission (CPRC) for review.  We believe that this is the first time we’ve ever heard of a Human Resources complaint being directed for review by the City Manager.  Usually, the Human Resource Department in conjunction with City Manager would make a decision based on the merits of the complaint.  Would this be a way for City Manager Scott Barber not to deal with such a “hot” issue?  In past posting on TMC, we stated that the investigator who reviewed the complaint found that both Brandriff’s and Diaz’s story which unfolded that evening, were consistent.  This case will be reviewed tomorrow Tuesday, May 28, 2014 at 4:00pm in the Art Pick Council Chambers at City Hall.  The public is welcomed to attend.

HOW BAD IS CITY OF RIVERSIDE WATER?  ACCORDING TO THE DAILY FINANCE, NOT SO GOOD…CITY OF RIVERSIDE RATES NUMBER TWO.

waterSplash

According to Daily Finance, no so good, rating number two on a scale of one to ten.  City of Riverside Public Utilities which serves a population greater than 300,000 people, as many of you know already, we get all or most of our water from ground water sources within the San Bernardino basin.  Regulators found 15 chemicals that exceeded health guidelines and 1 that exceeded legal standards.  The article contends that since 2004, the water has almost consistently contained traces of bromoform (a form of trihalomethane), alpha particle activity and uranium, causing an unusually unhealthy water supply.  The article determination of unhealthy water were based on three criteria: 1. The percentages of chemicals found, 2. Total number of contaminants found, and 3. The most dangerous average level of a single pollutant.  We did a story on Riverside Water regarding contaminants such as hexavalent chromium contamination back in August of 2012.

According to the Murrieta Patch, they state that this article is “erroneous”, due to the fact that the test samples were derived from ground water sample or pre-treated water as opposed to tap water samples, which one would drink.

According to Scott Simpson, the city test as the well source and after the water treatment.  Not all wells have treatment systems directly connected.  Some wells don’t test “clean” but are blended into higher quality sources and then tested.  They could do tap water testing in different neighborhoods that are getting water from known sources and treatment equipment.  Averaging the system data can hide a high contaminant neighborhood from scrutiny.  You have to remember that they report only the passing test results.  If a test fails for a contaminant, they can retest.  If they consistently get failing retest they have to report to the state health department and put a notice of the test result in our monthly billing.

Scott Simpson was former Chief of Enforcement for the California EPA Department of Toxic Substances Control, and also worked for the Department of Food and Agriculture in their Environmental Hazards Assessment Program specializing in ground water contamination.

My concern as I was reading the City of Riverside’s Annual Water Quality Report for 2012 was the high levels of Chromium VI in the water supply.  According to the report, the State of California’s Public Health Goal (PHG) or Maximum Contaminant Level Goal (MCLG) is 0.02 parts per billion (ppb).  The City of Riverside’s testing results are reporting an average of 2.2 ppb, while their reportable range is between 1.6 to 2.3 ppb!

rpuchromiumuvi

THIS LINK TO VIEW FINAL 2012 RPU WATER QUALITY ANNUAL REPORT

MAYOR MAKES AN EXCEPTION FOR SPEAKING OVER THE 3 MINUTE MARK: BY 3.04 MINUTES: MAYOR TO MAYOR OF COURSE.  QUESTION IS, WHO’S MAYOR?  At a March 18, 2014 City Council Meeting during public speaking, the Mayor went to thepodium, and began his 3 minutes.  When the 3 minutes were up, and the buzzard when off, an interesting cascade of event presented itself.  No one was arrested, but former Mayor Ron Loveridge went on to speak an additional 3.04 minutes. It now becomes obvious that we have a culture and leadership of elitist, who are self serving. self serving for those that fit the familial criteria in Riverside.

mayorluv3minutes

CLICK THIS LINK TO VIEW THE YOUTUBE VIDEO OF THE EVENTS THAT OCCURRED.

MAYOR BAILEY: Oh, oh..…we sticking to 3 minutes per speaker this evening? (The mayor ask the former mayor the question, as if asking for permission).
FORMER MAYOR: We could, (Laughter from the crowd) this is my first and probably last time you see me at a council meeting, ahhh……
MAYOR BAILEY: I gotta stick to the three minutes per speaker, perhaps, put another speaker card in ..… (former mayor interrupts).
FORMER MAYOR LOVERIDGE: Naah…I don’t want to do that Rusty!  I did come.. particularly ..I did want to read a letter from my brother..he’s been my mentor in Viet Nam.. He fought in Vietnam.. He was a combat lieutenant in Da Nang, there were five people killed in his platoon. I would like to read to you a letter from my brother and then I will exit.. (Rusty interrupts).
MAYOR BAILEY: “I think we can accept that..” (Rusty at this point, makes a unique exception to the rule).
FORMER MAYOR LOVERIDGE: “Forty nine years ago….” (Mayor Loveridge continues on reading the letter for another 3:04 minutes.)

What kind of message does this send to the community?  Are there two categories of people who live in the City of Riverside?  Could we allege, the ones who have it, and those who don’t, and we treat them accordingly?  We go on to ask the question since, since there were two nonsensical arrest for two nonsensical events which will only cost the taxpayer a mint because of appears simple ego.  The first event was for going over the 3 minute rule for public speaker Karen Wright by seconds ending in her arrest, the case was dismissed, and the second, for applause clapping, which a Federal law suit has been filed for the later Attorney Letitia Pepper.  I would imagine the city may also expect one by the first.  Those who actually heard the report of a public speaker being arrested going over the 3 minute under Mayor Ron Loveridge, not only gained the attention at the local level, but gained attention within the international community.  The very person who felt he should be the exception.  We could only imagine what would have occurred if independent voice, Mayor Bailey stood his ground and call the next public speaker, without thanking the first, possibly leaving former Mayor Loveridge stoneface.  But this reflects on Mayor Loveridge who should have known the rules on public speaking with his experience level of over 19 years, but knowingly disregarded the rule that everyone must abide by, even allowing the arrest of one who allegedly violated it.  He certainly didn’t care about placing the current Mayor in this awkward position of endorsing the breaking of rule.  It’s a two way sword, Mayor Bailey now has a vote of no confidence in the community.  Power is a funny thing, he states he wants fairness, but treats the community differently and accordingly at his will.

Man apologizing on hands and kneesHOW DARE YOU STOP ME LIKE THAT, IN FRONT OF ALL THOSE PEOPLE,  JUST WAIT TILL I SPEAK WITH YOUR DAD, JUDGE BAILEY!!

WHAT PEOPLE DON’T GET..THIS IS RIVERSIDE..WE ARE AN ANOMALY IN THE WESTERN WORLD..

I know a lot of people who have letters from their brothers, and if this is an acceptable exception, I know they will ask for the same treatment as former Mayor Loveridge at the next City Council meeting.  This I can’t wait for, because I have a wonderful letter from my brother that I would like to read!

NEW DA PAUL ZELLERBACH POLITICAL MAILER SENT OUT BY THE COMMITTEE TO ELECT MIKE HESTRIN FOR DA:

ZMAY2014                               ZMAY2014TWO

CLICK ON IMAGES TO ENLARGE

Zellerbach vs Hestrin

CLICK IMAGE TO ENLARGE (ARTWORK BY DONALD GALLEGOS) THANK-YOU DON!

TMC, RATED RIVERSIDE’S MOST “SLANDEROUS” AND MEZZSPELLED, “MISSPELLED” AND “OPINIONATED” BLOG SITE!  TEMPORARILY BLOCKED BY THE CITY OF RIVERSIDE AT PUBLIC ACCESS SITES WITHIN THE CITY, THEN UNBLOCKED.  I GUESS YOU CANNOT DO THAT ACCORDING TO ACLU.  NOW TAGGED LOCAL BLOGGERS OR LOCAL MEDIA?  RATED ONE TWO ONE STAR OUT OF FIVE IN TERMS OF COMMUNITY APPROVAL RATINGS..  TMC IS NOW EXCLUSIVELY ON FILE WITH THE COUNTY OF RIVERSIDE’S DISTRICT ATTORNEY’S OFFICE (WE BELIEVE THIS WILL END SOON, SINCE THE FOCUS IS NOW ON THE IMPROPRIETIES OF MR. “Z”), AND PROSSIBLY POSSIBLY ON FILE WITH THE CITY OF RIVERSIDE’S POTENTIAL SLAPP SUIT LIST… WE WILL HAVE TO ASK GREGORY ABOUT THAT ONE ( OUR PEOPLE WILL HAVE TO CONTACT HIS PEOPLE)… AGAIN, THANK-YOU COMMUNITY OF RIVERSIDE AND THE CITY OF RIVERSIDE EMPLOYEE’S FOR YOUR SUPPORT!   COMMENTS ALWAYS WELCOMED, ESPECIALLY SPELL CHECKERS!  EMAIL ANONYMOUSLY WITH YOUR DIRT OR FOR CONTACT!   THIRTYMILESCORRUPTION@HOTMAIL.COM

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U.S. Air Force para rescuemen ride in the back of their medivac helicopter with the American flag-draped bodies of U.S. soldiers who were killed in a roadside bomb attack in Afghanistan’s Kandahar province. The Para rescuemen and pilots from the 46th and 26th Expeditionary Rescue Squadrons responded to the attack which killed two American soldiers and wounded three others.

Today we remember individual liberty, we mourn the loss of those who have given the ultimate sacrifice, with that in mind, we celebrate their memory, as we would our forefathers, for their efforts and their plight to maintain the individual freedoms that we have.  But freedom has a cost, as we see in those flag draped bodies, it is not free, in order to maintain this, it is our duty as American citizens to have oversight upon those who represent us.

Our Forefathers were called criminals, treasonist.  In my eyes, the word has been changed to domestic terrorist, for believing we should even deserve the inalienable right to determine our own destiny, in other words, to be free.  These acts of treason and the 1776 domestic terrorism revolution have resulted in what is know as the United States of America.  Be proud to be free, you live it, you benefit from the blood of the fallen, it is your duty to ensure that we are free.  For those who have given the ultimate sacrifice, your death is not in vain, it will always be significant to the common core, which is the United States of America.

THANK-YOU! TMC GIVES THANKS TO YOU!  But I’m sad to say that it appears that our country has lost it way, somehow, and has failed to provide the proper healthcare for those who deserve our care for the service they’ve given us.  Absolutely unacceptable.

 

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A NATURAL OR UNNATURAL ACT?

The right not to be deprived of liberty without due process of law; The right to be free from invasion or interference with Plaintiff’s zone of privacy; The right to be free from unreasonable searches and seizures; The right to freedom of speech; The right to freedom of association; The right to petition for redress of grievances; The right to equal protection of the law; The right to be free from police use of excessive force;  The right to be free from discriminatory law enforcement; and the right to be free from arrest without probable cause.  These are rights secured by the Constitution of the United States for all American citizens.  Attorney Letitia Pepper states that the Mayor, City Attorney and Chief of Police acted with design and intention, to deprive her of these secured Constitutional rights.

In Pepper’s Federal law suit, she is suing the City of Riverside; named individually are Chief of Police Sergio Diaz, City Attorney Gregory Priamos and Mayor William “Rusty” Bailey.

 

Suit

CLINK THIS LINK TO VIEW FULL LAW SUIT

Pepper also believes this letter started it all, sent to the Mayor two weeks before being arrested which ask him for a public apology.  TMC back in June 26, 2013 asked the same question: WAS THIS THE LETTER WHICH RUFFLED THE MAYOR’S FEATHERS?

apology       apology2

CLICK THIS LINK TO VIEW FULL LETTER

On June 13, 2013, the above document was handed to Mayor Bailey in demand for a public apology for unlawful and discourteous actions at Council Chambers June 11, 2013.  Twelve days later at City Council, Ms. Pepper was arrested for clapping at the order of the Mayor, via a Citizens Arrest Complaint Form.  At the time, Ms. Pepper was representing three citizens, Vivian Moreno, Joel Udayke and Dvonne Pitruzzello regarding his position on no applauding during public comment.  Was this in fact, a personal vendetta against former BB&K Attorney, Letitia Pepper by Mayor Bailey? Why was Ms. Pepper targeted for removal and arrest my Mayor Rusty Bailey, when there were multiply clappers?  Why weren’t the other clappers removed and arrested?  Is this the Mayor’s attempt to control public participation in government?  Is the arrest a show of force in an attempt to intimidate the public not to participate in government?  At that time, Mayor Bailey has passed the 10 day response time.  To this day we’ve yet to hear a response or statement from Mayor Bailey regarding this letter.  As public servants, it’s a general consensus to respond back to your constituents as a standard practice.  Not to respond, only reflects back to those in elected leadership positions.

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THE CITATION (CLICK IMAGE TO ENLARGE)

But I guess the questions many are asking these days, even those who voted for Rusty, why did he decide to take this position?  Many residents have said, they feel the city will retaliate against them if something derogatory is said regarding city politics.  So why is it, that the residents feel this way?  Our elects really out of touch?  But TMC is finding that the answer may be deeply rooted familial history of Riverside, whereby a conglomerate of politically tied families made the rules, and is the basis for politics in the City of Riverside, which of course includes the Bailey family.  You have Mayor William Rusty Bailey’s father, who is  judge, then you have the fathers friend who was a founder,  incidently,  of Best, Best & Krieger.  You also have the familial connection with Albert Webb Engineering and Chris Mac Arthur Family.  Halleluah, are we actually coming to the answers of why the City of Riverside is the way it is politically?

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In this pic we see Bailey’s father, Judge William R. Bailey II, with now Mayor William “Rusty” Bailey (middle) , and Judge John Gabbert.  Judge Gabbert has a history going back to the 40′s which answers the question of why the City of Riverside uses Best, Best and Krieger so much..  We can ask the question of why millions of dollars uncontracted outside legal is directed to BB&K?  What you are seeing folks, is a family run city, as what we would see in the South, which benefits a few.

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Judge John Gabbert, in younger days, a Quandrangle of Influence within the City of Riverside?  What is the connection between Best, Best & Krieger and the City of Riverside?  What is taking that hold on Riverside that has everything to do with old family influences?  You get my drift, I wouldn’t attempt to try this case on the constitutionality of ‘clapping’ within the City of Riverside.

TWO CITIZEN ARREST COMPLAINTS MADE: ONE BY THE MAYOR, THE OTHER BY ATTORNEY LETITIA PEPPER.  RPD ACTS ON THE MAYORS, BUT REFUSES TO ACT ON PEPPER’S.  UNEQUAL APPLICATION OF THE LAW?

BAILEYCA              PEPPERCA

CA AGAINST PEPPER                                                  CA AGAINST BAILEY

Clappergate-2

CLICK IMAGE TO ENLARGE (THANKS DON FOR THE ARTWORK, YOU ARE A TRUE RIVERSIDIAN!)

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DA FILES NO CHARGES AGAINST WRIGHT FOR SPEAKING PAST 3 MINUTES (CLICK IMAGE TO ENLARGE)

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WATCH ALL THE VIDEOS BY CLICKING THIS LINK, TO VIEW PAST TMC ARTICLE : STONEFACE COUNCIL SITS WATCHING, WHILE SECOND CITIZEN ARRESTED….FOR APPROVAL CLAPPING!

UPDATE: 1:00PM: WE’VE JUST BEEN NOTIFIED THAT JOHN BRANDRIFF HAS SENT A REQUEST TO CITY MANAGER SCOTT BARBER AS TO A “FINDING” ON THE COMPLAINT, BE IT FOUNDED, SUSTAINED ETC.  BARBER HAS SENT A RESPONSE BACK TO BRANDRIFF, “YOU SHOULD ANTICIPATE BEING CONTACTED IN THIS REGARD SOON.”  INVESTIGATORS HAVE STATED THAT BOTH BRANDRIFF AND THE CHIEF’S STORY WERE CONSISTENT WITH EACH OTHER.  With this said, we can come to the conclusion that the incident occurred as indicated.  With this in mind, we will keep you posted if new details arise regarding any disciplinary actions which may be handed down by the City Manager to the Chief.

 TMC, RATED RIVERSIDE’S MOST “SLANDEROUS” AND MEZZSPELLED, “MISSPELLED” AND “OPINIONATED” BLOG SITE!  TEMPORARILY BLOCKED BY THE CITY OF RIVERSIDE AT PUBLIC ACCESS SITES WITHIN THE CITY, THEN UNBLOCKED.  I GUESS YOU CANNOT DO THAT ACCORDING TO ACLU.  NOW TAGGED LOCAL BLOGGERS OR LOCAL MEDIA?  RATED ONE TWO ONE STAR OUT OF FIVE IN TERMS OF COMMUNITY APPROVAL RATINGS..  TMC IS NOW EXCLUSIVELY ON FILE WITH THE COUNTY OF RIVERSIDE’S DISTRICT ATTORNEY’S OFFICE (WE BELIEVE THIS WILL END SOON, SINCE THE FOCUS IS NOW ON THE IMPROPRIETIES OF MR. “Z”), AND PROSSIBLY POSSIBLY ON FILE WITH THE CITY OF RIVERSIDE’S POTENTIAL SLAPP SUIT LIST… WE WILL HAVE TO ASK GREGORY ABOUT THAT ONE ( OUR PEOPLE WILL HAVE TO CONTACT HIS PEOPLE)… AGAIN, THANK-YOU COMMUNITY OF RIVERSIDE AND THE CITY OF RIVERSIDE EMPLOYEE’S FOR YOUR SUPPORT!   COMMENTS ALWAYS WELCOMED, ESPECIALLY SPELL CHECKERS!  EMAIL ANONYMOUSLY WITH YOUR DIRT OR FOR CONTACT!   THIRTYMILESCORRUPTION@HOTMAIL.COM

index  Brandrifflettertwo     cityletter   diazbw

UPDATE: 1:00PM: 05.23.2014: WE’VE JUST BEEN NOTIFIED THAT JOHN BRANDRIFF HAS SENT A REQUEST TO CITY MANAGER SCOTT BARBER AS TO A “FINDING” ON THE COMPLAINT, BE IT “FOUNDED”,” SUSTAINED” ETC.  BARBER HAS SENT A RESPONSE BACK TO BRANDRIFF, “YOU SHOULD ANTICIPATE BEING CONTACTED IN THIS REGARD SOON.”  INVESTIGATORS HAVE STATED THAT BOTH BRANDRIFF AND THE CHIEF’S STORY WERE CONSISTENT WITH EACH OTHER.  With this said, we can come to the conclusion that the incident occurred as indicated.  With this in mind, we will keep you posted if new details arise regarding any disciplinary actions which may be handed down by the City Manager to the Chief.

“When a City employee with a gun and a badge makes these statements it is the worst kind of intimidation and bullying…”

John Brandriff, a Ward 7 Council candidate back in 2011 and who also served on the City’s Community Police Review Commission (CPRC), tells his story of his verbal exchange with Chief Sergio Diaz, which didn’t end copacetically.  As a result, a complaint was filed against Diaz, and sent to City Manager Scott Barber for review.  Below is that letter.

 

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CLICK THIS LINK TO VIEW JOHN BRANDRIFF’S COMPLAINT LETTER TO CITY MANAGER SCOTT BARBER

According to the complaint letter, Chief Diaz’s expression of disdain stemmed from public comments made at a CPRC meeting in February of this year.  At this meeting Brandriff expressed his disappointment of the Chiefs lack of participation in the Mental Health/Police forum that was conducted at Bobby Bonds Park.  The actual comment was taken from audio at the CPRC meeting, it is as follows:

..as I said before, hopefully you guys will get a better response from the Chief than the forum did.  There were probably 10 or 12 different organizations from all over this City, and from L.A. and out of the County.   And, he (Diaz) didn’t really deemed it necessary when invited, to come and offer up anything to the community.  It was was hugely disappointing for me.  I just thought that there was more community involvement than that..

After expressing this comment, Brandriff states he was “nodded” outside by Assistant Chief Vicino who expressed his concerns of the statement he just made.  Listen to the actual CPRC audio of the comment by clicking the below link, (comment begins approximately around the 20.00 minute mark).

CLICK THIS LINK TO HEAR THE ORIGINAL CPRC AUDIO OF BRANDRIFF COMMENTING ON ON CHIEF DIAZ’S LACK OF PARTICIPATION IN THE MENTAL HEALTH/ POLICE FORUM.

What happened next at the Fox Theater only surmised to Brandriff that the conversation he had with Vicino was shared with Diaz.  What you read next is verbatum from Brandriff’s complaint letter:

I would like to relay an incident that happened to me Sunday night March 9th 2014 at the Fox Theater.  My wife and I arrived with Councilmember Davis and his wife to attend the showing of “West Side Story”.  Shortly after going inside we saw the Chief of Police, Sergio Diaz, and proceeded to say hello.  Councilmember Davis was in front of me and talked to the Chief first. When I went to shake hands with the Chief he pulled me closer and stated that should I ever have any concerns about the way he runs his department that I “should grow some balls and talk to him”.  I responded that I thought discussing some of the issues would be a good idea and that if he had time next week we could get together, it was then that I realized the Chief was very agitated because his response was very abrupt and curt when he said “oh I’ll make the time”.  By this time the rest of my party was starting up the stairs to our seats and I asked Chief Diaz if there was a specific number or person to contact to arrange the meeting he then reached in his pocket, obviously angry and shoved his card at me while moving closer and said “If you have any more political aspirations don’t make an enemy out of me”.

The letter below is the response from City Manager Scot Barber to John Brandriff, which assured him that the Human Resource Department did a full investigation, and that Barber will take appropriate action in accordance with related rules and policies.

 CMResponse copy

CLICK THIS LINK TO VIEW LETTER SENT TO BRANDRIFF BY CITY MANAGER SCOTT BARBER

An isolated incident you would think?  Not quite, we are seeing a pattern of behavior that actually extends into the community.  As Brandriff stated, “…the kind of behavior you might expect in third world countries not in our City or our Country.”  Again, this is not an isolated incident, Ward 3 Councilman Mike Soubirious had a similar experience whereby the Chief appears to threaten his political career.  According to the PE, the whole thing seemed to begin with a series of emails sent out by Councilman Soubirous to his constituents concerns regarding vagrants and panhandlers.  The response from RPD was that “our hands are tied” or ‘there’s nothing we can do.”  Evidently, Soubirous states he didn’t send an email to Diaz, but the email was forwarded to Diaz by another councilman.  We are thinking here at TMC, could it have been Adams?  If so, would that have been a Brown Act violation we asked?  Incidently, another unamed councilman has been accused of violating the Brown Act, and a complaint filed submitted to the DA, we all know how that will end.  Regardless, that never seemed to stop Adams before.  In response, Diaz wrote back to Councilman Soubirous that no good can come from labeling dedicated public servants as “lazy.”  The next statement by Diaz seems to be on the political threatening side, Diaz states that, “it would be politically unwise to declare war on you cops.”  Already we get the feeling that trouble is a brewing.   We asked the question what kind of history does Diaz have in Los Angeles?  Why is a Chief of Police out threatening elects and candidates?  Why is he acting as some sort of rouge underworld boss shaking down and hard balling constituents asking questions and threatening those who have aspirations of running for office?  Difficult as it seems, Riverside has serious problems in RPD, and no one is minding the store when minding the store are the residents of Riverside.  Diaz was hired by former City Manager Brad Hudson, in which questions still abound on his creative ways of finding money for projects.  Would Diaz’s undisclosed behavior and actions within the City of Riverside be creating a “hostile work environment?”

There have been other incidents on record, one with public speaker Karen Wright when she spoke out at public comment on the naming of El Tequesquite Park to Bonaminio Park.  Another incident occurred with community activist Christina Duran, where she was seated next to County Supervisor Bob Buster who witnessed the whole Diaz exchange.  Another confrontation occurred with “Five Before Midnight” blogger Mary Shelton at a ACLU event.  At this event he (Diaz) confront Shelton, and ask the question, “What are you doing here? Who allowed you to come to this forum?”  An ACLU representative had to intervene to actually smooth over Diaz’s aggressive questioning.  Some are simply calling him a “drama queen.”  Many resident/taxpayers are asking the question of why he hasn’t been fired by City Manager Scott Barber? Is he not representing the interest of the taxpayer because he has obligations that superside the taxpaer? There are many more that, whom were asked not to be revealed, for fear of City and RPD retaliation, but we are even hearing of events occurring in Los Angeles which involve Diaz that are disturbing.  Again, this is the legacy of former City Manager Brad Hudson, the current City Attorney Gregory Priamos and the former Mayor Ron Loveridge.   Even TMC was drawn in to Diaz’s questionable behavior by a comment we made.  This email came from to us stating that Diaz wanted to meet with us, not to talk about how to make the community better, but because of a comment made.  The following is an email sent to TMC back in 2011.

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CLICK IMAGE TO ENLARGE EMAIL

Sorry, we had to redact to protect individuals from possible retaliation by RPD or other City Officials … after all as most residents understand, this is Riverside…

What Diaz doesn’t get, is that the Community of Riverside also felt slighted when he stated that some of the critics are “sitting at home eating Cheetos in their underwear.”  In addition, he stated in the PE, “It’s a challenging job,” Diaz told me. “It’s not a job for people who prefer to be in their mommy’s basement commenting on news stories.”  Well alrighty Chiefy, we get it… Yes Myrah, we see you signaling that the bag is empty!  Let’s break out a fresh bag of Cheetos.. By the way, was that underwear custom tailored?  Yes the Chief is very handsome and very married, please don’t use 911 to call him again!

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But Diaz’s behavior might be the least of his worries, former Police Administrative Service Manager, Karen Aquino in a letter to California Attorney General claims misuse of funds through Diaz’s foundation.  http://www.riversidepolicefoundation.org  Some of the allegations Aquino makes in the letter is she states Assistant Police Chief  Chris Vicino ran the foundation on City time.  This my friend, if true is known as “time card fraud.”  She also alleges the city funds were directed toward the foundation, and a substantial amount of staff time was dedicated to the foundation at the expense of normal daily police operations.  The allegations of misuse of Police Asset Forfeiture monies was also addressed in this complaint.

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CLICK THIS LINK TO VIEW FULL LETTER

Of course, the same law firm, Cihigoyenetche, Grossberg and Clouse, who found no wrongdoing when former City Manager Brad Hudson hired them at a cost of $150K to investigate allegations of wrongdoing on himself, came to the same conclusion when they were hired to investigate allegations against Chief Diaz.  The City of Riverside can pull a Governor Chris Christie when it comes to investigating themselves, and misinform the taxpayers of Riverside that this is a valid investigation, but it’s all “smoke and mirrors.”  Since Police Asset Forfeiture monies are Federal monies, only the Department of Justice (DOJ) can justify and bring forth a legal determination.

“Respect for the community, respect for other officers, respect for ourselves is going to be the byword by which I will attempt to lead the city of Riverside over the next few years,” he said. “Out of respect comes every other good quality that we strive for in a police department and police officer.” - Riverside Police Chief Sergio Diaz

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BELOW IS A QUOTE WHICH COULD BE FOUND ON THE COMMUNITY POLICE REVIEW COMMISSION WEBSITE:

“Without freedom of thought, there can be no such thing as wisdom; and no such thing as public liberty without freedom of speech.”  — Benjamin Franklin

 So what we’ve seen, is a Chief or Police out of control.  He is obviously not community orientated, as he was originally hired to heal the city, whereby, he has only been confrontational, intimidating and threatening to the residents and citizens of the City of Riverside.  Even the RPD officers are questioning his abilities and qualifications.  After all, he was hired by a former City Manager who had a record of credit card fraud!  I believe it was still okay with the City of Riverside.  But if you have the same qualifications and challenge the city, you will be destroyed.

PEPPER FILES FEDERAL LAWSUIT AGAINST THE CITY OF RIVERSIDE!

JUST IN:6:00PM: ATTORNEY LETITIA PEPPER, WHO WAS ARRESTED FOR CLAPPING IN JUNE OF 2013 FILES LAWSUIT AGAINST THE CITY RIVERSIDE!

According to a press release, former BB&K Attorney, Letitia Pepper files lawsuit against the City of Riverside  for the June 25, 2013 arrest and detainment.  Pepper was arrested for applauding at a City Council meeting last year.

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According to Pepper’s attorney, Jason Thompson, said Mayor Bailey’s animus towards Ms.Pepper appeared to have grown after she wrote in defense of people, which the Mayor had “dressed-down” during the earlier June council meeting. In her letter written to him two weeks before she was arrested for applauding, Pepper addressed the Mayor’s approval of some people and regular attacks on others. During the earlier council meeting, video footage shows Mayor Bailey telling certain citizens they were not allowed to applaud. However, a review of the same footage shows Bailey regularly allowing applause by people he clearly favors. In her letter, Pepper referred to Mayor Bailey’s selective approval and disapproval of citizens writing that the city council had become “so emboldened that it thinks it can treat audience members differently because of who they are.” Pepper continued that approval based on whether a citizen agrees with the position of the Mayor or council members violates the First Amendment. No arrests or warnings for applause on issues Mayor Bailey supported or of people he favors were made during the June 11 or June 25 meetings.

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PRESS RELEASE City Sued for Arresting Lawyer Who Applauded During City Council Meetin (click link to view)

Pepper, who previously worked at Best, Best & Kreiger, a law firm that has represented multiple cities in lawsuits against seriously ill and disabled medical marijuana patients, began advocating on behalf of those citizens after she herself was diagnosed with a terminal illness. Papers filed in federal court by Pepper allege that anti-patient Riverside Mayor William “Rusty” Bailey was retaliating against Pepper in-part because of his long-time dislike for people prescribed medical marijuana and because Pepper had written a letter to him after he’d threatened citizens who applauded during a June 11 council meeting. According to Pepper’s attorney, Jason Thompson, Riverside has been one of the most aggressive opponents of medical marijuana in California. Thompson explained that, despite passage of the state’s 1996 Compassionate Use Act, in May, 2013, with the help of law firm Best, Best & Kreiger, the city prevailed against a group of patients forcing them to leave the City. After winning the decision against patients, Mayor Bailey announced the city had won a “major victory” in its fight against patients. At the same time, the city announced it was shutting-down all remaining patient collectives. Thompson said that although marijuana reduces the size of cancer tumors according to the federal government’s National Cancer Institute, the City has effectively prevented thousands of its disabled and seriously ill citizens from accessing medicine.

The lawsuit filed by Pepper seeks an order requiring the City to follow its own rules as well as seeks money damages. Calls to the Riverside City Attorney’s office and to Mayor Bailey were not returned.  More to come on the trials and tribulations of  “Clappergate!”  Click this link to view TMC’s story on the arrest of Letitia Pepper for the clapping incident.

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THANKS TO DON GALLEGOS FOR HIS ARTWORK ABOVE (CLICK IMAGE TO ENLARGE)

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WHAT ARE OTHERS THINKING ABOUT THIS CLAPPING INCIDENT?  IS CLAPPING A REAL PROBLEM IN RIVERSIDE?, VIEW THIS TMC STORY!

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UPDATE: MAY 21, 2014: NEW PE STORY BY ALICIA ROBINSON: INVESTIGATIONS OF COUNCIL CLOUDED BY UNKNOWNS:  New article ask the question regarding the Soubirous and Davis investigation, as to what policies or procedure is guiding city officials.  The City has been vague and secretive of the inquisition regarding the complaint and who are behind the filing.

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COUNCILMAN MIKE SOUBIROUS, WARD 3                           COUNCILMAN PAUL DAVIS, WARD 4

UPDATE: POSSIBLE FELONY CHARGES TO BE FILED AGAINST DISTRICT ATTORNEY PAUL ZELLERBACH FOR CAMPAIGN TAMPERING:

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LET’S GET BEYOND THIS, SO I FU.KED UP!  I STILL NEED YOUR VOTE!

We actually knew there was something wrong with this guy, when we brought stacks of info to the “Z” himself, and his associate brought a file of TMC articles, which they wanted to know who was writing them.  Further, are Grand Jury complaint made against former Riverside Police Chief Russell Leach’s wife, Connie Leach, was squashed in the middle of interviews, and we were told the allegations were unfounded.  We know now we were not an isolated incident.  Why it was squashed, we don’t know.  Was there interference by the City of Riverside?  We don’t know.  Was there tampering?  We don’t know.  We could only speculate, and that is not good enough.  What we do know, is that we were made to feel as if we were the provocateur, just for asking the questions..  We found it quite remarkable, when Zellebach made his most telling statement to us, “Is it illegal, or just bad business?”  Why would someone tell us this?  We then asked the question, “How connected and obligated is he to City of Riverside Elected Council? To Judges? To the City Attorney? To the Grand Jury?  and possibly influencing the Grand Jury?  In November of 2011 we asked that question in a TMC posting of “TRIANGLE OF INFLUENCE.”

TMC, RATED RIVERSIDE’S MOST “SLANDEROUS” AND MEZZSPELLED, “MISSPELLED” AND “OPINIONATED” BLOG SITE!  TEMPORARILY BLOCKED BY THE CITY OF RIVERSIDE AT PUBLIC ACCESS SITES WITHIN THE CITY, THEN UNBLOCKED.  I GUESS YOU CANNOT DO THAT ACCORDING TO ACLU.  NOW TAGGED LOCAL BLOGGERS OR LOCAL MEDIA?  RATED ONE TWO ONE STAR OUT OF FIVE IN TERMS OF COMMUNITY APPROVAL RATINGS..  TMC IS NOW EXCLUSIVELY ON FILE WITH THE COUNTY OF RIVERSIDE’S DISTRICT ATTORNEY’S OFFICE, AND PROSSIBLY POSSIBLY ON FILE WITH THE CITY OF RIVERSIDE’S POTENTIAL SLAPP SUIT LIST… WE WILL HAVE TO ASK GREGORY ABOUT THAT ONE ( OUR PEOPLE WILL HAVE TO CONTACT HIS PEOPLE)… AGAIN, THANK-YOU COMMUNITY OF RIVERSIDE AND THE CITY OF RIVERSIDE EMPLOYEE’S FOR YOUR SUPPORT!   COMMENTS ALWAYS WELCOMED, ESPECIALLY SPELL CHECKERS!  EMAIL ANONYMOUSLY WITH YOUR DIRT OR FOR CONTACT!   THIRTYMILESCORRUPTION@HOTMAIL.COM