Posts Tagged ‘city attorney jeffrey melching’

C&DLETTERCITYOFMENIFEE     C&DLETTERCITYOFMENIFEETWO

Cease and Desist Letter sent to Menifee 02.18.2015

The above letter was the Cease and Desist Letter sent to the City of Menifee February 18, 2015, by former fired Deputy City Attorney Raychele Sterling, in order to protect the taxpayers right to free speech.   Public comment is sacred by the U.S. Constitution, that is a given.  The City of Menifee council should be well versed in this, as stated by Mayor Scott Mann at a February 4th, 2015 City Council meeting that he himself was familiar with Baca vs. Moreno Valley School Board, well alrightey now.

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BACA VS. MORENO VALLEY SCHOOL BOARD EXPLAINED BY INTERIM CITY ATTORNEY KRISTI SMITH (CLICK THIS LINK TO VIEW YOU TUBE).

Back in January 27, 2015 at a City of Riverside City Council meeting, Councilman Mike Soubirous asked the question to interim City Manager Kristi Smith, regarding what the Baca vs. Moreno Valley School Board meant, and how it is to be interpreted for public speakers.  According to Smith, “That means if they (public) want to come up and criticize the council, city manager, myself, the clerk and staff members they are allowed to do so, and we cannot tell them they cannot do so.”  What Baca vs. Moreno Valley School Board gave the public at large, was that it gave teeth to the rights of addressing elects and staff, after all we are their employer.  It only reinforced our rights of free speech under the U.S. Constitution, the California Constitution and the Brown Act.  This had to be done because many in government were attempting to control the message of the public, disrupting and impeding free speech, and inadvertently violating their right to speak freely.

TWO WEEKS AFTER BEING THROWN OUT OF THE MENIFEE CITY COUNCIL, VIVIAN MORENO RETURNED TO FEBRUARY’S 18TH COUNCIL TO FOCUS ON FREE SPEECH.

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CLICK THIS LINK TO VIEW YOU TUBE VIDEO 02.08.2015

We seek to maintain and expand the meaning of patriotism, respect for our national symbols, the value of American Citizenship, and the unifying force of “E pluribus unum” that was created from the people of many nations — one nation and one people. We are tasked to maintain and extend the institutions of American freedom and to carry out the purposes expressed in the preamble to the Constitution of our country.  This is a Quote from the Sons of the American Revolution, which Mr. Scott Mann you are a member, you have proclaimed Sept 17th- the 23rd Constitution week.  You have denied the public and your Council their right to free speech.  You have denied them the freedoms that they are afforded, just because they are Americans.  You need to be ousted from the Sons of the American Revolution for what you have done to your community, the Patriots in this room, your fellow Councilmember Tom Furman, the County of Riverside, and your country.

You are a hypocrite. Instead of Uniting your community you are dividing it. The Laws of the City of Menifee are super seeded by the State of California and the Constitution of the United States.  It is your true intention and you have clearly demonstrated, to take away the voice of the people of  Menifee..  By law we can criticize staff, Council and the Mayor.  Mr Mann the public here is only asking to be heard, and for you to bully, belittle and interrupt them is against the law.
“everyone shall have the right to hold opinions without interference” and “everyone shall have the right to freedom of expression.”
You use your Sheriffs as a king would use his army, you are not a KING you are a Mayor, a son of the American Revolution, in the United States of America, Where Freedom of Speech is KING.  -Vivian Moreno

brentvivianPUBLIC SPEAKER BRENT HOLSTROM CALLS VIVIAN MORENO UP TO THE PODIUM TO ASK THE MAYOR AND COUNCIL TO APOLIGIZE, (CLICK THIS LINK TO VIEW YOU TUBE).

Then Brent Holstrom asked the Menifee Council to apologize and call the whole thing off, we heard nothing but silence after she gave up 2 minutes of her time for a response.  It didn’t happen that night.

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Where former City of Riverside Deputy City Attorney Raychele Sterling states, “That I will not under any circumstance tolerate abusive government” (Click this link to view video).

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Former City of Riverside employee, Jason Hunter,  talks about the oath of office of the electeds and speaks of the violation of Moreno’s first amendment rights.  He ask the City of Menifee to apologize, they do not…

grantPublic Speaker Grant speaks on the Moreno incident that occurred two weeks prior (click this link to view you tube).  Another, Grant stated the prior meeting outburst reminded him of the movie “A Few Good Men,”  Mayor Mann couldn’t handle the truth, and further stated, “there are not one set of gonads between the four of you.”

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Menifee resident and public speaker Katie Minnear speaks about the February 4th Menifee City Council where she was also interrupted (click this link to view on you tube).

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Menifee resident and public speaker Anne Pica speaks about the interruption of both Katie Minnear and Vivian Moreno, and how they should both file a Federal Law suit pursuant to free speech violations (click this link to view on you tube).

SECTION 1. Section 54954.3 of the California Government Code is amended to read:  (c)(1) Subject to reasonable regulations promulgated pursuant to subdivision (b), the legislative body of a local agency, or its presiding officer or staff, acting in their official capacity on behalf of the legislative body, shall not prohibit, limit, or otherwise prevent any of the following:

(A) Public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body or its officers or employees acting in their official capacity.

Two other City of Riverside favorites came to publicly speak at the Menifee City Council, both former employees of the City of Riverside, terminated for exposing fraud and wrong doing by the City of Riverside.  Former Deputy City Attorney Raychele Sterling who attempted to expose fraud within the City of Riverside only to be fired by Priamos.  Then was offered a settlement but refused, in order to expose the bigger picture of which associates and even councilman lied under oath, which of course, the case was lost.  And former utility employee, Jason Hunter, who received and accepted a settlement offer…courtesy of the ratepayer and taxpayer.

UPDATE: PRESS ENTERPRISE: FRIDAY 13, 2015: CASSIE MACDUFF: KEEPING ORDER?  LOOKED MORE LIKE A CLAMPDOWN TO ME.  Well, I’ve watched two different videos of what happened that night several times, and it sure looks to me like they clamped down because they didn’t like what Katie Minnear and Vivian Moreno were saying, not because of some imaginary decorum violation.  If anyone breached decorum, it was City Attorney Jeffrey Melching, not the two women.

The people have an ironclad right to seek “redress of grievance” from their government.  The government that they themselves employ.  the people have an ironclad right to seek redress of grievance from their government.  The government that they themselves employ.  Read the U.S. Constitution.  It’s right there.  It’s also in the California Constitution that the citizens have the right to “instruct” their public officials – and the Brown Act, which describes the platform…the platform of public meeting.

UPDATE: PRESS ENTERPRISE: 02.21.2015: LATEST CITY COUNCIL APPEARANCE UNEVENTFUL FOR ACTIVIST:  Just as a side not for the PE, we are not always looking for an eventful or explosive situation when we come to a city council meeting.  We simply want cities to comply with our first amendment rights to free speech, guaranteed by the U.S. Constitution, the California Constitution, and the rights bestowed upon the public by the Brown Act.

CAL FIRE ATTEMPTS TO IMPERSONATE LAW ENFORCEMENT AT THE 02.18.2015 CITY OF MENIFEE CITY COUNCIL MEETING:  WHAT IS IT WITH RIVERSIDE COUNTY AND BADGES, AND SOME ADJOINING CITIES?  IN THE CASE OF RIVERSIDE COUNTY SUPERVISOR JEFF STONE: IMPERSONATE A LAW ENFORCEMENT OFFICER BECOME A SENATOR!  ANYONE ELSE..IT APPEARS WOULD GET JAIL TIME.stone221 copyLAW ENFORCEMENT OFFICER JEFF STONE

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CLICK THIS LINK TO VIEW CITY OF MENIFEE LAW ENFORCEMENT OFFICER/ CAL FIRE BATTALION CHIEF JORGE RODRIGUEZ  LAY DOWN THE LAW. (CLICK THIS LINK TO VIEW YOU TUBE VIDEO).

Some firemen find themselves in the position to impersonate law enforcement as in the case of the City of Menifee, whereby I was told to sit down while documenting a public meeting.  I was told by Rodriguez that I was blocking the isle, blocking what?  There was a desk behind me blocking the isle, and another person with a camera, and where I was there was no exit point, therefore, not technically and isle.  I was told earlier, that the area where I was standing was designated to take pictures and film by community or members of the public.

As I was filming, I was told to take a seat by someone I assumed was law enforcement.  I told him (Rodriguez) I was exercising my first amendment right to document a public meeting.  He told me that if I didn’t have press credentials, I must be seated.  I notice his was Cal Fire, a County Fire employee, which was a surprise, and asked by what authority does he have to order me to sit, what law, ordinance etc. was I in violation of.  He said I was making a scene, and needed to take a seat, and he would get me documentation from the back later.  He never did.  I sat down even though I knew he had no legitimate authority and because I did not want this situation to escalate, which I felt Jorge had been attempting to do so.  In a continue attempt to cause more friction and intimidation, while I was sitting, he came up to my left shoulder and stood there closely as seen in the video. I guess Jorge didn’t get a copy of the Cease and Desist letter!
rodriguez  rodriguezthree
IMAGES TAKING WHILE SITTING, OVER MY LEFT SHOULDER.
During this exchange, the Sheriff Deputy bailiff on duty did not intervene, why did he not act under the circumstances is a mystery.  He should have very well intervene to defend my rights, giving me the impression that I was targeted.  Again, I felt Rodriguez’s close stance next to me quite inappropriate, as a stance to intimidate or to attempt to cause me to act to defend myself.  Rodriguez had plenty of room, and he himself was technically blocking the isle.  Why did he find it necessary to be that close to me where you could feel his breath?  I found out later Jorge Rodriguez was the City of Menifee Cal Fire Battalion Chief.  Again, why did he feel compelled to do the job of the Sheriff’s Deputy.  Why was a Battalion Chief, a non-law enforcement so adamant about making me sit?  Was it because he was told by the Chief of Police or the other plains clothes officers?  Rodriquez was seen speaking to the Chief of Police after and before the incident.
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Chief of Police (Center), surrounded by plain clothes officers.
What ever the reasoning, it continues to play out as another attempted scenario, by non sworn officers of the law to play cops and robbers.  This is the type of scenarios which cause undue liability for a city.  He (Rodriquez) did not care with regard to his illegitimate authority, did he feel compelled by his elevated status as battalion chief that he had the legal authority to act in a manner as he did in a public arena?
But again this is not an isolated incident, this was former Supervisor Jeff Stone’s area, and he felt it was in his power to misrepresent himself and impersonate a law enforcement officer as well.  This was another porthole of aberrant and extraordinary behavior that continues to occur in the City of Menifee at many levels, which we were told at TMC.  Not surprisingly, very real, and a further example of why residents are intimidated to speak their minds at all.  Another example of the “Wild West” mentality?  Cal Fire are not sworn law enforcement officers…Sorry Chief Rodriguez, stick to what you know best..fires, that I can respect, impersonating the job of a law enforcement officer I cannot.
TMC, RATED RIVERSIDE’S MOST “OFFENSIVE,” “INAPPROPRIATE,” “HURTFUL,” “MEAN SPIRITED,” “DISTASTEFUL,” “EMBARRASSING,” HORIFFIC,” “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… 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

vmmenifee

CLICK THIS LINK TO VIEW FULL YOUTUBE VIDEO OF ATTORNEY MELCHING & MAYOR MANN BREAKING THE LAW

UPDATE: PRESS ENTERPRISE: FRIDAY 13, 2015: CASSIE MACDUFF: KEEPING ORDER? LOOKED MORE LIKE A CLAMPDOWN TO ME.  Well, I’ve watched two different videos of what happened that night several times, and it sure looks to me like they clamped down because they didn’t like what Katie Minnear and Vivian Moreno were saying, not because of some imaginary decorum violation.  If anyone breached decorum, it was City Attorney Jeff Melching, not the two women.  The people have an ironclad right to seek redress of grievance from their government.  Read the U.S. Constitution.  It’s right there.  It’s also in the California Constitution that the citizens have the right to “instruct” their public officials – and the Brown Act describes the platform: public meetings.

“Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.” [Special Message to the Congress on the Internal Security of the United States, August 8, 1950]” ― Harry S. Truman, 33rd President of United States.harry-s-truman-via-abcnews-go-comAgain Mayor Mann, “If you can’t stand the heat, get out of the kitchen.” – Harry S. Truman  Therefore, Mayor Mann, you shouldn’t have taken the job if you were unwilling to take on the pressures.

On Wednesday February 4, 2015 City Attorney Jeffrey Melching attempted to correct Riverside Advocate Vivian Moreno regarding a point of decorum when addressing the Mayor and Counsel. Moreno brought up case law Baca vs. Moreno Valley Unified School District in order to correct City Attorney. Incidentally, Mayor Mann said he was familiar with the case.  But again, Mayor Scott Mann did not care for Moreno addressing him as a “bully” which led to her being escorted out of Council Chambers. Mayor Scott Mann for years has been denying the taxpayers of Menifee their First Amendment right to free speech.  We were told later that they usually only have one sheriff’s deputy at council, they had two because they knew Moreno was coming.  Round one, let’s see who wins this…  Moreno stated to the Mayor Mann, ‘there is nothing that incensus me more than a Mayor who is a “bully.”‘  Somewhere in the Council Chambers, someone exclaimed, “Don’t you dare!” While Moreno was addressing council and defending her first amendment rights.  Melching made comments toward Moreno that she was “displaying boisterous behavior.”  Later Melching publicly made the comment toward Mayor Mann that “she’s making a scene.”

New word, “Incensus”..to be set on fire..

incensus

The people of the State of California do enact as follows:

SECTION 1. Section 54954.3 of the Government Code is amended to read:

(c) (1) Subject to reasonable regulations promulgated pursuant to subdivision (b), the legislative body of a local agency, or its presiding officer or staff, acting in their official capacity on behalf of the legislative body, shall not prohibit, limit, or otherwise prevent any of the following:
(B) Comment by a member of the public during presentation of an agenda item who has not provided notice of his or her desire to comment prior to consideration of the agenda item by the legislative body.
(C) Comment by a member of the public based on his or her viewpoint where the comment is within the subject matter jurisdiction of the legislative body.
(2) If a legislative body limits the total amount of time allocated for public testimony on a particular issue or for each individual speaker, the questioning or interrupting of the speaker by the legislative body, its officers or employees, and the speaker’s response to questioning shall not reduce the total time allocated for public testimony on the particular issue or allocated for an individual speaker.
(3) This subdivision shall not be construed to confer any privilege or protection for expression beyond that otherwise provided by law.
Prior to this Community Advocate Katy Minnear addressed Council but was stopped to be lectured by Menifee City Attorney Jeffrey Melching.  Mr. Melching stated to Ms. Minnear that “she you need to focus your comment to the council as a whole, that doesn’t forbid you from using a specific persons name,. but it does forbid you from speaking directly to that person instead of the policy making body that is before you.”  So by happenstance, if you sort of appear to look at one of council or mayor while addressing the issue at hand to that particular person, you just violated Menifee decorum.  To boot, it may just get you kicked out.  Sorry Melching, bad move, you are not running the meeting, that may just get you a bar complaint.

katyminnear

CLICK THIS LINK TO VIEW FULL YOUTUBE VIDEO OF MENIFEE CITY ATTORNEY JEFF MELCHING BREAKING THE LAW

UPDATE: 02.04.2015: 11:30PM: WE ARE GETTING EMAILS STATING THAT THIS BEHAVIOR BY MENIFEE COUNCIL IS NOT UNCOMMON AND HAS BEEN GOING ON FOR YEARS.  INTIMIDATION OF PUBLIC SPEAKERS IS KEY AND THE THREAT OF RETALIATION KEEPS THE GREATER POPULATION FROM THEIR FIRST AMENDMENT RIGHT TO APPEAR AND PUBLICLY SPEAK.  Again what we have is a failure to communicate, and a community which has given power to elects, only to be told they have no right to criticize them.  Only in foreign countries do we see this type of behavior, what Menifee Council and Mayor forget to remember is our roots as a country.  Power as such is given by a vote of the people, it can be very well be taken away by a vote of the people through the recall process.  Let’s not forget, your employer is the taxpayer.

UTI1692423_1_r620x3492  MELCHING

MAYOR SCOTT MANN                               CITY ATTORNEY JEFF MELCHING

Was Mayor Scott Mann’s home repossessed after drawing money against the property?  Is he now living in a property that developer allowed him to live in?

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 Well for many residents in the City of Menifee, who wish to remain silent, as they say for fear of retaliation, the following above pic says it all…..  Well TMC’s personal note for Stone, if you impersonate a law enforcement officer you get to become Senator.  A “picture tells a thousand words.”  Unfortunately his a bad example for one of the most trusted professions in America, the “Pharmacist.”

UPDATE:02.05.2015: PRESS ENTERPRISE STORY REGARDING INCIDENT IN THE CITY OF MENIFEE.  TAXPAYER ADVOCATE VIVIAN MORENO ESCORTED OUT OF COUNCIL CHAMBER AFTER USING HER PUBLIC COMMENT PERIOD OF 3 MINUTES TO DISCUSS FREEDOM OF SPEECH.

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“The decorum policy says in paragraph four that … people shall not act in a disorderly manner, or engage in conduct that disrupts, disturbs or otherwide impedes the orderly conduct of a city council meeting,” said Melching. “And that’s precisely what was happening.”  Our response is that council did not like the message, and Moreno was interrupted, the City Attorney Melching and Mayor Mann baited Moreno and escalated the debate between the two.  Calling the mayor a “bully” was not acting in a disorderly manner, or engaging in conduct that disrupts, disturbs or otherwise impedes the orderly conduct of a city council meeting.  Council created a situation that should not have occurred.  In addition their understanding of their own policy violates public speakers rights.  According to Menifee residents Mayor Mann has been suppressing their rights to speak openly for years.  As indicated in the above second video, City Attorney Melching interrupts public speaker Minnear for the mere perception that she was conspicuously focusing her attention on one member of Council. We are talking about a pattern of behavior by council.

UPDATE: 02.05.2015: A SEPTEMBER 2014 STORY: MENIFEE RESIDENT ANNE PICA ACCUSES MAYOR SCOTT MANN OF CAMPAIGN VIOLATIONS:  Speaking during the public comments portion of Wednesday’s city council meeting, resident Anne Pica accused Mann of paying for the printing of 2,000 fliers including negative comments against his opponent for mayor, Darcy Kuenzi, and city council candidate Sue Kristjansson in the 2012 election.

pica_9-17-14Community Advocate Anne Pica

At the time Deputy Mayor Wallace Edgerton, who conducted the meeting in 2012, responded to Pica’s comments by asking city attorney Jeffrey Melching about potential legal implications of those comments. Melching said he would not directly address the issue because it was a matter between two individuals and not the city itself.  Again, what appears to be another incident to attempt to silence residents, by the threat of a legal avenue.  Again no way to treat the taxpayer, you are not in charge, the taxpayer is, and that’s, that.

So did City of Menifee Mayor Scot Mann and City Attorney Jeffrey Melching blow it?

PART THREE STORY IN THE PASADENA INDEPENDENT REFERENCING BACA VS. MORENO VALLEY BY VIVIAN MORENO AT PASADENA CITY COUNCIL ON MONDAY FEBRUARY 2, 2015.  MARILYN WHITNEY ALSO PUBLICLY SPEAKS REGARDING AG PARK TOXIC SPILL IN THE CITY OF RIVERSIDE.

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It’s been a busy week for Vivian she is taking tomorrow off… I take that back, I was just informed she has one more meeting tomorrow morning.

moreno     whitney

VIVIAN MORENO                                                        MARILYN WHITNEY

TMC, RATED RIVERSIDE’S MOST “OFFENSIVE,” “INAPPROPRIATE,” “HURTFUL,” “MEAN SPIRITED,” “DISTASTEFUL,” “EMBARRASSING,” HORIFFIC,” “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… 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