Tuesday night’s City Council issue on ethics and how complaints should be handled, became heated at public commented on this issue when Self Appointed Citizen Auditor revealed what a relative and Poly High student said about some of the female public speakers during a Government Class in which William “Rusty” Bailey is the instructor. Former Deputy City Attorney Raychele Sterling chimed in with reading a formal ethics complaint against Councilman and teacher Bailey, which was submitted to the City Clerk. Bailey took the microphone and lashed out the following response to the accusations made against him.
So, now the truth behind these accusation’s, occurred on Constitution Day when I was teaching my students about freedom of speech and the first amendment rights that they had. And giving them an opportunity to see public comment. And encouraging them to come down and comment on any item they’ve wanted to. Ahhh, including things that are put to them as skate parks. I’ve had student come down on several occasions to comment on items like ball fields, and skate parks, and school issues and I will continue to do that…
So if Constitution Day isn’t an appropriate time to show public comment, I don’t know what is. The next time I showed a video was before the Nights of Arts and Innovation to encourage my students to come down and participate in the long night Arts and Innovation which occurred last Thursday night which many of them did, many of them received community service credit for doing that.
Because I believe in getting them involved in City and exposing them to some of things that we are doing down here, such as the City Council meeting, and so they get community service hours for doing that, never did I disparage any single person or say “stupid” anytime during my class, thank you.
Now, Constitution Day that Councilman William “Rusty” Bailey is referring to, is September 17, 2012, and Arts and Innovation Night was Thursday, October 4, 2012. Councilman Bailey never did say “stupid” in his class, but what about the use of the term “crazy”?
Accordingly, news reached complainant, Vivian Moreno, via two students. One that attends Poly High School here in Riverside, and the other, the grandson, does not. After coming home that Thursday the 4th, after a presidential debate party, her grandson, Joseph (not a student at Poly High), who was doing his homework at the dining room table, told her that Bailey was talking about her in class today. In her inquiry for more information, found Joseph had spoken to his relative, who is a student at Poly High School. So what did she say, Joseph? She said that the ladies who spoke were “stupid”, and then noticed you were sitting behind one of the public speakers, and said, “that’s my grandma”. Bailey then shut the video off.
The following is the email dialogue of the following day, between the Poly High Student and Vivian Moreno to inquire as to more detailed information.
Moreno: Joseph told me last night that Rusty Bailey mentioned me in his class room. Would you mind letting me know what he said? Did he say we were Stupid? I will keep this very private.
Poly High Student: He just said, “this is what I have to put up with and some ladies are crazy”. It was the video with the lady with the long black hair and red shirt on. You were sitting and wearing white. I said “that’s my grandma” and he turned the videos off. Haha, but somehow now I failing his class. I don’t like him one bit!! and when he cut the lady off in the video and she was saying “this is why people shouldn’t vote for you….Rusty”. He was laughing at the lady in the video.
Moreno: How many times has he played these videos in his class? and why does he play these videos in his class? Does he offer extra credit to his students for walking for him?
Poly High Student: Two times, and I don’t know why he plays the videos, he just does it at the beginning of the period. And no extra credit that I have heard of.
Moreno: Were they both times he was Mayor Pro Tem? Does he say anything about him being Mayor?
Poly High Student: Yes, and he says he’s running for mayor, but that’s all.
Moreno: Were the two times on Wednesday’s these last two weeks? Did you have any kind of discussion of class assignment for viewing them? or are just viewing them because he is so full of himself? Those videos are long how much class time did he spend on them?
Poly High Student: Just the discussion when he was saying those people are crazy and I look what I have to deal with. He usually lets them run for about 5-10 minutes at the beginning of class. He fast forwards to certain parts.
Moreno: Thanks if I have other questions I will ask. On my way to L.A. see you soon. Thank-you.
Poly High Student: Okay, no problem.
Councilman Bailey made local headlines earlier this year for accessing Riverside Unified School District employee emails to solicit mayoral campaign information. Some considered this an inappropriate application of state public property for personal use, and unrelated to any school business. According to the California State Constitution Government Code 8314 (a) states, “It shall be unlawful for any state officer, appointee, employee or consultant to permit others to use state resources for campaign activity, or personal or other purpose not authorized by law”. Work emails are considered state property and not to be used for campaign activity.
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According to School Board Member Kathy Allavie, he was exercising his free speech right. Yes that is true, but utilizing the tools of public property for an unrelated use is a violation of the state contstitution. Regardless, Bailey still has his supporters, and accordingly, all the hooplah doesn’t really matter in the case of this one commenter in this Press Enterprise story by Dan Bernstein, Riverside: Should People Who Lodge Complaints Remain Anonymous? But I’m still taken back at the fact that Berstein still considers public commenters exercising their first amendment rights to free speech as “gadflys”. Sorry, Berstein, that’s quite belittleing and demeaning considering this is an essential part of the democratic process.
If this is the worst thing that can be said about Rusty, he still got my vote. – John McCombs, Elementary School Principal at Riverside Unified School District, Commenter on the PE.
I question the use of “got” for a Elementary School Principal, but that’s
jus, opps..just me…
Other’s are also asking the question, if the city’s famous P.I. will be taking up the investigation of the Bailey to investigate the usual one side? Of course, we are talking about former RPD Lt. Jeff Callopy. Friend of Whom?
The following is a code of ethics and conduct complaint that Self Appointed Citizen Auditor Vivian Moreno submitted to the city clerk.
DESCRIPTION OF EVENTS AND MANNER IN WHICH CODE OF ETHICS
VIOLATED BY COUNCILMAN WILLIAM “RUSTY” BAILEY
On Wednesday, October 3, 2012, Councilman William “Rusty” Bailey (Bailey), while instructing a Government class in his capacity as a high school teacher at Poly High School, did make disparaging remarks about women who exercise their first amendment rights to political speech during public comment at Riverside City Council meetings. According to a relative of mine who is a student in Bailey’s Government class, and was present on the day in question, Bailey had presented a video of a City Council meeting so that his students could see him acting in his capacity as Mayor Pro Tem. When a student inquired of Bailey who the public speakers were at the meeting, Bailey replied: “This is what I have to put up with, these “crazy ladies.”” Thereafter, a female speaker, believed to be Karen Wright, was shown on the video, stating “Don’t vote for Rusty Bailey”. Bailey began laughing out loud at the speaker, mocking her. One of the students then replied: “Hey, that’s my Grandma.” Thereafter, Bailey commented “she’s weird” and immediately turned the video of the City Council Meeting off.
Bailey’s actions were disrespectful, offensive and sexist to both the speakers and the young women present in his class, in violation of paragraphs G and H of the Ethics Code. The impressionable young women in Bailey’s class should have been encouraged to exercise the most fundamental right guaranteed under the United States Constitution, “free speech”. Instead, they were discouraged and left with a feeling of inferiority, that if, as women, they were to exercise their first amendment rights and speak their mind; they would be labeled as “crazy”. Bailey made no reference to male speakers, nor did he use a sex neutral word, such as “people” or “individuals”. His intent was clearly to target the women speakers.
I’ve since learned that Bailey has shown at least two videos of city council meetings to his government class where he was acting as Mayor Pro Tem. According to my relative there was no discussion during or immediately after the video that related to the required curriculum or class plan. It appears Bailey was using the video of the council meeting not as an educational tool, but rather to seek favoritism from his students in his bid for Mayor. My relative also advised that Bailey had discussed a bid for mayor in the classroom before. This actions constitute a violation of paragraph F of the Ethics Code, as Bailey used his position as a Councilman and Mayor Pro Tem to further his campaign for Mayor of the City of Riverside.
“THE GOLDEN BOY”..RIVERSIDE COUNTY SUPERVISOR JOHN TAVIGLIONE.. ACCORDING TO PUBLIC SPEAKER REBECCA LUDWIG..
Even when you have a code of ethics, policy and procedures, you only apply them or use them when it’s convenient for you. If somebody like me, comes down here or anyone else, that is in opposition, holds you accountable, then they apply, and you guys don’t play fair…
I’m going to give you an example of what happen to me, not necessarily with you, but with your “Golden Boy”, Mr. Tavaglione, (Riverside Supervisor JohnTavaglione is incidently currently running for Congress). Now, remember here I’m protected by Civil Code Section 47,(Privileged Communicaitons in California). He baited me for a name, I gave it to him, I was then served with papers, was sued, taken to small claims court, the judge or the commissioner, whatever you want to call him, awarded him the judgment, he was a good friend of the “Golden Boy”…
I had to write up to the Attorney General saying there was a miscarriage of justice. Lucky for me, she saw it that way to. They brought in a judge, because I told her that if you get an attorney here, some judges, not all, they are in bed with all of you guys. The Board of Supervisors and the City of Riverside, you cannot get any justice. And they did reverse that judgment on my appeal. The judge also made a statement, made it very clear to everyone present, that he was brought in from out of the area. The two mediators were from Seattle, Washington.
So, when somebody comes up here and tries to hold you accountable, you take it as an attack. We are here because we care enough about this city to get involved. I was only talking about senior abuse and protecting our children and look what happen to me, and that’s only one incident. I also told you about my tire getting stabbed, being harassed at my front door four different occasions and threatened, twelve perpetrators, and I do have affidavits to prove this, and if you want to settle this going on, have them sign an affidavit. You take sign affidavit and take it to court and see what happens, see who is telling the truth. I’m all for justice, and you guys, not all of you, but most of you don’t play fair…
When we come up here and we address you, please don’t take it personal even though it may sound that way, and if it is, it’s because it is justifiable…
TMC knows that Mrs. Ludwig is not alone. There are many stories from the citizens of Riverside who have had similar experiences. They feel intimidated and are afraid to come out with their stories. Thank-you Mrs. Ludwig for you courage to come out with yours.
WHAT DID COUNCILMAN PAUL DAVIS HAVE TO SAY ABOUT THE CODE OF ETHICS? YOU GIVE UP THAT PRIVACY RIGHT WHEN YOU MAKE A COMPLAINT AGAINST A PUBLIC OFFICIAL! …..WE ARE PUBLIC OFFICIALS!
Councilman Paul Davis started out by statiing that he did have issues with some of things that City Attorney, Greg Priamos said. Some of the issues is that some of the language needs to be changed to “any person”. In otherwords, no public employee, whether it be it an employee of this city, has the authority or the idealism that if a complaint is made against a council member, an elected official, who is not a city employee, that can be handled by Human Resources; that employee who makes that complaint should have “no expectation of privacy”, and there is no law in the books that says that they do.
That’s like myself like myself making a complaint against Vivian Moreno (Self Appointed Citizen Auditor), the same thing abides here. If you have to make a complaint against a council member, that council member and that employee, a public employee can go to Human Resources. Staff has no authority at all to investigate a council member under any circumstances! You don’t have that authority, only the commissions have that authority. Therefore if a city employee does choose to file a complaint of any sort. It is a considered complaint on ethics on a councilmember, be it the mayor or anybody . We cannot abridge that process. We don’t have that authority. That is a violation of the charter. And you can’t tell me that there is any law in the books, anywhere, that says any different.
And the process is that we are public officials. Just like when President Clinton went through the process with his issue, there is no difference. We are no different that person is at all. And there is no expectation of privacy on anybody’s side. ”You give up that privacy right when you make a complaint against a public official!” Unless it’s a criminal act that is so heinous that they are protected under certain laws. Just simply a disagreement, for example, is not a protected right. So I do say any person, or any entity, makes a complaint, be it the Human Resources as an employer or anywhere. It needs to go through that process. The public has the right for us to be before them, if you will, and be tried, if you will, before them. Not behind closed doors at anytime. It is a “public issue”, and that person be a public employee or otherwise has to understand that, that’s the way it works. You can’t have separate rules for seven things for separate people. “We are public officials!”
FORMER DEPUTY CITY ATTORNEY RAYCHELE STERLING: AN ALLEGED KNIFE INVOLVED BETWEEN TWO COUCILMAN’S AIDE’S?
“Rusty, actually at the last council meeting, I thought you gave a really, really nice prayer… and you asked for blessings of your employees, and unfortunately I didn’t feel that prayer was heartfelt, and that was really saddening to me, because I feel like the actions that are taken really aren’t ever in the interest of your employees, or bringing blessings to them, but rather just bringing them heartache and hurt to them, so I really hope that you meant that prayer and you are going to try to make a difference of what’s going on in the City.”
“I did want to address some issues about privacy for employees, it depends on who you are whether you get those privacy rights. .. every city employee is entitled to them. But, I received a call, a while back, from a young lady named, Alicia Robinson (Riverside Press Enterprise), I didn’t even know who she was, I had no idea how she could have got my cell phone number, somebody from the City must have given it to her, and she had all three of my harassment discrimination complaints. So where was my privacy? This woman calls me, I don’t know who she even is, she’s from the press, and she has all my discrimination harassment complaints, it was very, very disturbing to me. So, it depends who you whether you are if you are entitled to that privacy. If you speak out against the city you’re probably not.”
“I talked about Maria Lamping last time I was here, and in the notice she received there was a confidential settlement brief, protected by the federal rules of civil procedure, and that was unlawfully released by the City Attorney’s Office, by the Public Works Office, by Tina English and I want to know, are those people being subject to administered interviews? Are they being subject to being on administer leave? Probably not, because they bobbled their heads accordingly.“
“The other thing that I heard, it’s just rumour, so I don’t know if it’s true, but I heard that Councilman’s Chris MacArthur’s Aide held a knife to the throat of your Aide, Rusty.. I don’t know if that is true. If that is true and you allow an employee who poses that kind of violent risk to other employees, and to your constituents, Chris, because he is going to their home’s, and you allow him to remain here? And yet you allow other employees to be fired for frivolous reasons. That’s a slam dunk that you are discriminating, harassing and retaliating against your employees who are whistleblowers, and that you are permitting it to occur from management and gratifying it.”
Councilman Chris MacArthur’s legislative aide is Chuck Condor..someone who has appeared to continue to slide by the City’s Code of Ethics..so is this Code of Ethics really a charades, as many are asking? A broadway show at our Fox Theatre that seemingly cost to much to see?
This allegation regarding this alleged altercation between Councilman Chris MacArthur’s Aide, Chuck Condor, and Councilman and Mayoral Candidate William “Rusty” Bailey’s Aide, Mark Earley, came through the pipelines in and about April 23, 2012. Currently, we still have not received any substantive information from City Hall to corroborate these allegations.
Sterling went on to say, “Steve, that is not a personal issue, that it is a policy issue, because that creates liability for each and everyone of you. At this point it may even creat punitive damages against you personally, I don’t know I will have to do the research on that..”
UPCOMING: WHAT DID JOEL UDAYKE, OWNER OF THE FLOWERLOFT, HAVE IN A VICTORIA SECRETS BAG FOR CITY COUNCIL DURING PUBLIC SPEAKING?
I’m going to talk about the state controller, I know everybody is tired of hearing about it, but we are worse than the City of Bell, we are in debt, 3 to 4 billion dollars.
So I felt kind of weird last City Council meeting, everybody brought props, so I brought some props, I brought this (and orange jumpsuit), does everybody recognize that? It even comes with jewelry (handcuffs).
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Is there any compelling reason why none of you elected officials have called the State Controller? If there’s nothing to hide, why hasn’t anybody called? I know it will be a public relations disaster, when they find all things that has happened in the city, when spending tax payers money and redevelopment money incorrectly. When is somebody going to call? When is somebody going to do the right thing? We have all the information..
Dvonne, Vivian, Raychele have the information for you, …City Council person call and get an audit, Brad Hudson (former City Manager) isn’t here anymore, you shouldn’t have any fears.
In closing, “It’s easier to tell the truth, than a lie”….”You never forget the truth, you always forget a lie”.
Call the State Controller. We’re here, to talk to you, and get this on the road, it’s going to be a public relations disaster, because of this city being this perfect entity, but have to know where are money went and the people who are responsible for it need to be wearing orange…
WHAT COUNCILMAN IS SEEN OUT AT A “DAIRY QUEEN” WITH A CONTROVERSIAL FIGURE? SOME OUR ASKING, “HOW MUCH CAN AN “ICE CREAM CONE” GET YOU IN THE CITY OF RIVERSIDE”? WELL IT APPEARS TO BE ALOT..
According to the last campaign mailer sent to voters homes, Mayor Ron Loveridge stated of Bailey, “Rusty Bailey has the highest possible commitment to public service, reinforced by his years at West Point. Values are important in being Mayor. He is not wedded to any special interest.”
The same evening that Bailey was to debate opponent Mayoral Candidate Ed Adkison at the the la Sierra/ De Anza Park Senior Center Debate, whereby he spoke in favor of Peter Hubbard’s AMR, and the rational of using one ambulance service in the City of Riverside. Councilman an Mayoral Candidate William “Rusty” Bailey was seen at a local Dairy Queen, with non other than American Medical Response, Peter Hubbard on October 4, 2012, therefore contradicting Mayor Loveridges’s endorsement.
UPDATE: 11/06/2012: On good authority, Councilman Rusty Bailey bought AMR’s Peter Hubard the ice cream.. The question is how much can a cone of ice cream get you…
WHAT IS THE ISSUE WITH FIRE STATION NUMBER ONE, AND THE WORK STOPPAGE?
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. 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