Month: November 2013

McGowan Appointed by Governor to DMV, Leaving BOS in December

McGowan-Mike-WSBoard of Supervisors Also Votes to Combine Assessor with Clerk-Recorder – It has been 20 years that Mike McGowan has served on the Yolo County Board of Supervisors, but he announced on Tuesday that he will be stepping down from his position, following Governor Edmund G. Brown Jr.’s appointment of the Yolo County Supervisor to deputy director of strategic planning and policy at the California Department of Motor Vehicles.

According to a release from Governor Brown, “Mike McGowan, 65, of West Sacramento, has been appointed deputy director of strategic planning and policy at the California Department of Motor Vehicles, effective December 4, 2013.”

Vanguard Honors the UC Davis Immigration Law Clinic For Serving Indigent Clientele Facing Deportation

ucdavis-ILCThis past week, students in the UC Davis School of Law Immigration Law Clinic, working under the supervision of Lecturer and Staff Attorney Raha Jorjani, were successful in preventing the deportation of a detained client.

Working on behalf of their client, they succeeded in filing a Motion to Terminate removal proceedings that cited recent U.S. Supreme Court opinions in arguing that the Department of Homeland Security (DHS) had not met its burden of proof in establishing that the client’s criminal convictions were deportable under the Immigration and National Security Act.

Commentary and Analysis: A Different View on Mace and Cannery

Morris-1“This isn’t the Davis Way,” Carrie Shaw writes in a letter to the editor in the Enterprise.  She argues, while what David Morris and ConAgra are doing “isn’t illegal,” that “it certainly is smelly, self-serving and doesn’t uphold Davis community values.”

She writes, “The way I see it, by soliciting a $2 million pledge from ConAgra, Morris (through his Capitol Corridor Ventures ‘nonprofit’) is siphoning off, for his own focused agenda, significant funds that ConAgra should be investing into The Cannery project so that it meets Davis community standards and is an asset to the town overall.”

Commentary: Technicality or Critical Constitutional Safeguard?

miranda-rightsWe often hear that a conviction was thrown out based on a technicality.  In this case, the technicality is not just Miranda, but the actual right to an attorney.  This is not a technicality, this is a constitutional right.

Last week, the LA Times covered a federal appeals court’s unanimous overturning of a first degree murder conviction in which the man was sentenced to life without parole for killing his estranged wife and an off-duty Los Angeles sheriff’s deputy.

Vanguard Honors the Late Public Defender Steve Berlin As Attorney of the Year

Berlin-SteveThis year the Vanguard is honoring eight individuals in this community and around the region who have put forth exemplary work in the area of social justice and justice reform.  Two of these individuals are honored posthumously.

It was a great honor that Steve Berlin worked as a member of the Vanguard Court Watch Editorial Board in 2011 until health conditions forced his resignation.  It was nearly a year ago that Mr. Berlin passed away at the age of 66.  On Saturday, we will present his wife, Linda Berlin, and his son, Eddie Berlin, with the honor.

Innovation Park Task Force to Hold Public Meeting Tuesday

innovation-parkOn Tuesday, the public is invited to attend the first Innovation Park Community Forum to discuss the findings and conclusions of the City’s Innovation Park Task Force and learn more about the options and issues the City of Davis will be considering in taking action to meet the needs of growing  technology businesses.

The meeting will begin on Tuesday at the Community Chamber at 5 pm.  There will be a 30-minute staff presentation to provide an overview of the Innovation Park Task Force findings and recommendations.  Included will be a summarization of the October 22, 2013, city council meeting and the meeting from last week of the Innovation Park Task Force, which mainly discussed process.

Eye on the Court: Sheriff’s Deputy Promotion to Captain Raises Troubling Reminders of Gutierrez Shooting

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It has been just over one year since a Sacramento federal jury acquitted three sheriff’s deputies of the 2009 shooting of Luis Gutierrez, a 26-year-old farm worker who was walking on Gum Avenue in Woodland in the middle of the day, after completing his efforts to get his driver’s license reestablished.

On October 21, 2013, Dale Johnson, who was the commanding officer during that incident, was promoted from lieutenant to captain.

Pension Costs Continue to Surge Despite Fewer Employees

pension-reform-stockThis morning the Sacramento Bee published an editorial that showed the PERS (Public Employees’ Retirement System) costs to local governments across the region.  Writes the Bee: “The numbers are alarming. To replenish its recession-battered pension fund, CalPERS is requiring cities, counties and special districts to pay out millions more in retirement contributions.”

“The retirement system made two policy changes that have raised costs for its clients,” the Bee writes. “It lowered its expected rate of return on investments, and it changed accounting practices to cover massive recession-era investment losses over a shorter period of time. Both changes were long overdue. But they will cost local governments, and taxpayers, a bundle.”

Sunday Commentary: The Promise of Restorative Justice

rjI will confess that I am a relative later comer to the notion of restorative justice.  It was not until late 2011 and early 2012 that I was exposed to the idea when a group of citizens – Robb Davis, David Breaux, and Reverend Kirstin Stoneking – came to the Davis Human Relations Commission with the idea of promoting a restorative justice process, some sort of victim-offender mediation between the university and the students who had been pepper sprayed.

Ultimately, the proposal was unsuccessful.  The university was unwilling to engage in any sort of process with an ongoing lawsuit, and by the time the lawsuit was settled it seemed too late.  In retrospect, the process would have proven valuable and there are still deep wounds in the community that have come out as John Pike was awarded a worker’s compensation settlement.

Change – Our Present and Our Future – One Doctor’s View

Open_SpaceBy Tia Will

An interesting question recently resurfaced in an opinion piece in The NYT. The best known recent fictionalization of this concept was in the form of the novel and movie The Children of Men. The central premise is how our behavior might change if there were no future for humanity. For me, this would represent the epitome of the potential for purely selfish thinking.

A Vanguard poster whose views frequently run contrary to mine put forth his ideas that we “slow growthers” are not thinking of future generations, but are considering only our own selfish interests and that those are based on our fear of change. This caused me to take a close look at my actual motivations. What I discovered is my bias and how I arrived at it. So I thought I would share my perspective on change and interests over time.

My View: Where Does Cannery Project Stand After This Week?

Cannery-Park-Land-Plan-Sep-2013

When I first learned of the revelations that ConAgra had donated a large amount of money to David Morris about six weeks ago, my first reaction is that this is going to kill the Cannery Project.  At this point, I believe that was a premature reaction and assessment.

While I think the donation for a startup fund was an interesting idea by ConAgra – and at the time may have made sense if the issue of losing the business park land potential became the leading criticism of the Cannery proposal – as I have stated numerous times this week, I find most of the explanations a bit perplexing and not fully adding up.

Special Circumstance Torture Enhancement Upheld in People v. Marsh

murder-davis-1By Kaiti Curry

The courtroom was packed as friends and family of the victims and the defendant anxiously watched the next proceedings of People v. Marsh. The defendant, 16-year-old Daniel Marsh, faces two counts of first degree murder with the use of a deadly weapon and several case enhancements.

Case enhancement A involves a special circumstance for multiple murders. The second case enhancement involves a special circumstance for heinous and depraved murder.

Vanguard Honors Jann Murray-Garcia for Her Work on Social Justice and Racial Equality

Jann-Murray-GarciaLast summer, when Davis Police found a noose hanging from the goalpost of the Davis High School Stadium, many in the community looked to Dr. Jann Murray-Garcia, a pediatrician by training who has become, for the better part of the decade, one of the consciences of Davis.

“Though we don’t know the motivation of whomever put the noose there, we are responding as one voice against the centuries of pain and terror that this symbol represents and still produces today in so many of our neighbors,” Dr. Murray-Garcia would write in her biweekly column in the Davis Enterprise that she co-writes with Jonathan London.

Special Commentary: Asking Tough Questions is Critical, Attacking with Impunity Is Not

sunshineWhen I started the Vanguard in the summer of 2006, it was a personal low point in my life.  What my wife and I had gone through for the previous six months changed my life permanently.  It was at that low point that the Vanguard was born.

While there were specific public policy reasons behind the creation of the Vanguard, there were also two very basic goals.  First was the belief that the community needed a news source that would not simply stop at the press release – two sources for the story and one opposing viewpoint to balance it out.

Market Failure: Information Asymmetries and Resultant Conservative Land Use Policies

Open_SpaceBy Robb Davis

Editor’s note:In September this article was first published.  Based on the recent discussion, the author asked that it be republished.

Markets fail when transactions do not result in efficient outcomes from a societal point of view.  One cause of market failure concerns the problem of one partner in a transaction having more or better information than the other.  The lack of (quality) information by one party leads to power imbalances that can harm one party and inappropriately confer benefits on another that a free market transaction would not allow.

Two recent examples of information asymmetries related to land use decisions in and around Davis explain why we as citizens tend to approach such decisions in what appears to be narrow, self-interested and ultimately very conservative ways.  In both cases it is clear that one party in the transaction possesses more and better information that risks placing the City at a disadvantage in the transaction it is negotiating.

Roger Beachy To Head New World Food Center At UC Davis

Beachy-Rogerby UC Davis News Service

 

Charged with linking transformative research with partnerships to address challenges and opportunities at the intersection of food, agriculture and health, acclaimed plant biologist Roger Beachy Thursday was named founding director of the new World Food Center at the University of California, Davis.

Mr. Beachy, internationally known for his scientific leadership and groundbreaking research related to disease-resistance in crops, will assume the new position Jan. 1.