Month: November 2011

Sunday Commentary: Fear the Hammer

hammerI caught Bob Dunning’s column this morning, in which he gave press to some guy name Greg who is ranting about a representative government that represents nobody.  He is speaking of the Davis City Council.

While Mr. Dunning calls it “well considered” and says, “No, he’s not an anarchist. He’s a realist. He apparently wants something that actually works. Something that serves the people who cast the votes more than it serves the people who receive the votes.”

Former Death Row Inmate Will Talk about Prosecutorial Misconduct at King Hall This Week

thompson-johnThis Thursday at King Hall, John Thompson, who spent 14 years on death row before he was exonerated one month before his scheduled execution, based on the prosecution’s withholding of exculpatory evidence during trial, will speak at King Hall and discuss his experiences with the criminal justice system.

Mr. Thompson has been free from prison, but his prosecutors were never punished.  Back in March, the US Supreme Court, in a 5-4 decision, overturned the case that Mr. Thompson had won against them that would have given him $14 million for his years on death row.

PG&E Reports 42 Gas Leaks in West Davis Neighborhood

pge-pipeline.jpgAt a November 10 open house, PG&E acknowledged that there had been 42 gas leaks in its distribution lines since 2006  in the Stonegate subdivision in west Davis.

Organizers of the event believe that number may be underreported because at least two homeowners indicated their gas leaks were not included.

Analysis: Systemic Failure Greatly Contributed to Topete’s Killing of Deputy

pelicanbayOne of the most poignant parts of the recent county realignment discussion was when Debra Shelton, who works for CDCR (California Department of Corrections and Rehabilitation) as an educator, talked about Marco Topete and the fact that we simply failed to provide him with the resources he needed to be able to survive on the outside.

“I met Topete when he came out of Pelican Bay, and he had no resources available to him,” she said.

Budget and Water Crisis Leaves City on Edge of Precipice

pinkerton-steve

When the new council was elected last June and they replaced Mayor Don Saylor eventually with Dan Wolk, it appeared that the city was about to turn the corner after nearly a decade of irresponsible and wasteful fiscal policy.

Indeed, there have been moments of success, but those moments have been almost entirely derailed by the current divisive water policy, along with huge errors made by the last council on the last round of employee bargaining that have only recently come to light.

Mixed Reviews on Pension Reform Plan From Governor

Jerry-BrownA piece of legislation that may have the most impact on the fiscal solvency of cities like Davis is Governor Jerry Brown’s public pension reform plan.  Earlier this week, analysis from the nonpartisan Legislative Analyst’s Office (LAO) showed a mixed review.

The LAO called the Governor’s Proposal a “bold, excellent starting point” that “would help increase public confidence in California’s retirement systems.”

Commentary: Topete Juror Puts Death Penalty In Jeopardy and Exposes More Flaws in Death Penalty System

Yolo-Count-Court-Room-600

It was not supposed to happen this way.  But a juror’s shocking request to be removed from the penalty phase of the Topete trial has thrown a monkey wrench into the system.

It all started with a note to Judge Richardson, indicating that the female juror was having a great deal of difficulty making the decision.  She also noted that she was raised in a foreign country.

Commentary: The City Screwed Up Here, Not the Bargaining Groups

Owen-David

I am always interested in reading Rich Rifkin’s take on the city’s fiscal and labor issues, mainly because he comes from a very different starting place than I do.  And that is, I think, a problem for people attempting to demonize the pushback against employee compensation, pensions and retirement in municipal government.

It is not simply the anti-union right that has sprung up.  It is also the progressive left.  I will issue forth a challenge to the city employees – I want you to find a past councilmember, who served in city governance at any point in the last twenty years, who is willing to publicly defend the current state of compensation and past policies.

Commentary: Closing Argument Illustrates the Silliness of the Death Penalty in Its Current State

Topete-Defense

As we await the jury’s verdict, I will save you the suspense, this case has been over for a long time, and during District Attorney Jeff Reisig’s brilliant closing, he buried Marco Topete.

That’s right, I called it brilliant and it was.  We can take nothing away from that.  Mr. Reisig cut the perfect tone, both painting Mr. Topete as a monster, repeatedly showing him to be a danger to those inside and outside of prison, and creating sympathy for the victim.  He did his job, he did it well.

DA Reisig Makes Emotional Case For Death Penalty in Topete Case Closing Arguments

Topete-Defense

After three years of waiting, and three months in trial, then a conviction of first degree murder with four special circumstances, the jury in the Topete case now has the unenviable task of determining whether Marco Topete should spend life in prison without parole or get the death penalty.

District Attorney Jeff Reisig made the closing case for the prosecution and tried to take that choice out of the hands of the jury, arguing that Mr. Topete had made these decisions and put himself in this place, and their job was to simply follow the law.

DCEA President Responds to PERB Ruling and Statements by City

Owen-David

Last week the Vanguard reported that the Public Employment Relations Boards (PERB), in a tentative decision, had ruled that the city had violated labor laws in imposing the last, best and final offer to the Davis City Employees’ Association (DCEA).

PERB ruled: “It has been found that the City violated MMBA sections 3503, 3505, 3506, and 3509(b) and PERB Regulation 32603(a), (b), (c), and (g) when it passed Resolution 10-070 on May 25, 2010, before exhausting the fact-finding process set forth in its local rules.

 

Souza Believes Rates Will Have to Go Up Regardless of Referendum

floating-20Vanguard Believes Rate Hikes Will Be Disastrous To Local Economy

The Davis Enterprise is reporting today that the Yolo County Elections Office has yet to complete their count and yet to have verified the 3705 signatures necessary to certify the referendum.

The most interesting comments, though, were from Councilmember Stephen Souza, who attempted to explain the next step, though he acknowledged that he did not know which path the council would go down.

The Right of Citizens Filming Police Encounters in the Cross Fire

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Last spring at Picnic Day, the Vanguard decided that one of the best ways to follow what was going on was to drive around, spot law enforcement vehicles pulling people over and film the encounters.

The result was, as one would normally expect, a large number of arrests and detentions, but very little if anything of note.  We did this believing we had the constitutional right to film what had occurred in a public area.

Firefighters Tell Their Own Tale of IGA Boycott

Fire-Davis-Stock

Last month, the Vanguard reported on the “boycott” of Westlake Market by the Davis Firefighters.  It remains to be seen what will happen as the result of those revelations, but one thing of interest is the response from perhaps city employees, perhaps the firefighters, on an otherwise obscure website.

The website argues that the Vanguard gets it wrong, and “More often than not, the Vanguard only confers with the side it agrees with. So Vanguard readers often are not getting the whole story, they’re only getting the Vanguard’s side.”

Is Governor Perry About to Mess Up Another Death Penalty Case?

death-penalty

Texas Inmate Scheduled to Die Despite Untested DNA Evidence

This past summer Governor Rick Perry of Texas signed into law a simple measure that would require the state to test DNA evidence if it is available.  But as Governor Perry struggles on the Republican presidential campaign trail, he has thus far denied Hank Skinner, a death row inmate, a DNA test that has the potential to prove his innocence, or at leats remove any doubt as to his guilt.

The cost of this test: 550 US dollars.

Sunday Commentary: The One Percent’s Enablers

occupyOn Thursday night, the Vanguard had 285 people show up to our wildly successful event.  Despite that showing, we had a massive amount of leftover food that we could not store.  So my wife decided it was a good idea to donate it to those more needy than ourselves.

She posted on Facebook: “Just took 2 trays of delicious tortellini to Occupy folks so they could have a delicious lunch/dinner tomorrow.”

Souza’s Announcement Lights a Fire For His Reelection Campaign

souza-announce-12-2

A few minutes after Mr. Souza and a small handful of supporters took off on their bicycles to tour the city, four fire engines pulled up to the Davis Bicycle Hall of Fame.

According to Mr. Souza, supporters were invited to join the bike ride with stops throughout Davis that “represent Promises Made and Promises Kept in Souza’s last seven plus years on the Council. Stops along the route will also highlight Souza’s vision of accomplishments yet to be fulfilled.”

Fire Incident at Bicycle Hall of Fame – More Excitement than Fire

BHOF-fire-7

Just as Stephen Souza was pushing off from his announcement at the steps of the Bicycle Hall of Fame, fire engines and emergency vehicles were rolling in.  First, UC Davis’ fire engine and hook and ladder truck, then Station 32 from Davis rolled in.

Suddenly, there seemed to be over a dozen firefighters and it became clear that the target was the museum on the corner of Third Street and B Street in Davis, around 10:30 on Saturday as the park was packed with those shopping and enjoying the Davis Farmer’s Market.

DCEA Impasse Debacle: Heads Should Roll

Owen-David

The notion that the city could solve its employee compensation through the use of impasse and an imposition of last, best, and final offer finally comes crashing to the ground in the wake of the Pubilc Employee Relations Board tentative ruling.

And, let us be honest, the ruling is not going to change when the city files its protest within the twenty-day period.  The city screwed up.  They imposed impasse before they had exhausted other remedies.  And frankly, they used impasse at the wrong time, with the wrong bargaining group.  They should have used it with the firefighters at the start of the process, rather than the rank and file at the end, to simply bring them up to the inadequate contract that the rest had.