STN
STRAIGHT TALK NEWS
"Under the police power granted by the Constitution, counties and cities have plenary authority to govern, subject only to the limitation that they exercise this power within their territorial limits and subordinate to state law." - Judge D. F., Superior Court, Appellate Opinion, denies cities and counties from making local ordinances not in compliance with State, Federal or Constitutional law. Also, see the premier precedent setting Monell case, Briseno case and see Leslie case - none of which the County of Santa Cruz can overturn. Another appellate court case ruled, "Local governments must adopt the statewide UBC and the CBSC pursuant to State law. They do not enact building codes pursuant to the constitutional grant of police powers."
Read the Supreme Court Case Big Creek Lumber v Santa Cruz County. The Supreme Court finds local ordinances are preempted by higher State laws occupying the field and with express intent. The County Board of Supervisors cannot ignore State mandated independent appeals boards for citizens and keep the invalid ordinances restricting the powers of the appeals board(s). See CBSC B101and CBC 108.8 next paragraph.
Board of Supervisor's cannot hold dual positions as Building and Fire Code Board of Appeals. See Gov Code 1099 and Conflict of Interest precedent court cases.
September 3, 2009 - Ellen Pirie, Neil Coonerty, Tony Campos, Mark Stone, and John Leopold design of illegal local ordinances and appointing selves as the local appeals board violating State code CBSC B101-B101.4.2 (formerly CBC 108.8) will not be tolerated by higher court cases Judges and juries. A new lawsuit contesting Supervisors holding other committee and commissions seats they self elect themselves to will be filed this winter. Citizen appeals boards will return and Supervisors will be forced to respect higher laws and the Constitutions.
Santa Cruz County's "Appealgate" and "gatekeeping" of appeals through the illegal administrative scheme to obstruct and deny citizens rights has been uncovered and will be ended. The State does not allow planning departments to hold administrative contained hearings if the citizens' appeals regard any of the State Building Standards Codes and Evidence Code 669.5 covers all other areas (see below).
"CALIFORNIA CODES HEALTH AND SAFETY CODE SECTION 17960:
17960. The building department of every city or county shall enforce within its jurisdiction all the provisions published in the State Building Standards Code,"
See the monthly administrative hearing calendars still going on denying due process and use of State codes! 99% of appeals citizens request regard the California Building Standards Code.
The County Supervisors and Planning Department are also violating Evidence Code 669.5 that "the county bears the burden of proof that an ordinance is necessary". The majority of county ordinances are not necessary or invalid and preempted by State and Federal laws or higher court opinions/rulings.A Building and Fire Code Appeals Board is required by State mandate and to follow the California Building Standards Codes. The County setup an appeals board for three months this year (not according to CBSC rules that are mandatory per the State and Housing and Community Development Board) and then unlawfully disbanded it. The City of Santa Cruz understands the State laws for independent due process as they constituted a legally functioning Building Appeals Board when required by the State. Also read City of Santa Cruz certification and ongoing credits budgeting document.
KSBW CH 8 NEWS RAN BREAKING NEWS STORY ON "APPEALGATE" - BY STEPHANIE CHUANG, ANCHOR REPORTER.
June 27, 2009 - THE COUNTY OF SANTA CRUZ'S 33 YEAR PERMIT AND REDTAG SCANDAL "APPEALGATE" HAS BEEN UNCOVERED! Please note in the CH 8 news report that the new appeals board was instituting preemptive state mandated procedures, proper bylaws and not handling land use matters, contrary to comments made by Tom Burns, uncertified director of the Planning dept. Tom Burns also makes a false statement in his interview that there have been "no valid appeals" in eight years. Citizens have applied for appeals once they found out about the secretly hidden appeals board with its vacant seats after it was exposed in June 2008. Many applied for appeals in earlier years but all were obstructed by "gatekeepers", Tom Burns, his Staff and the Board of Supervisors denied the appeals as well. Property owners in District 2, of Supervisor Ellen Pirie, have been severely affected by denials, obstruction, errors and omissions. Ellen Pirie even appointed Glenn Strong to the on paper only, concealed BAFCAB Commission in 2001 - she knows she and the other Supervisors have hidden the right to due process for citizens - read the document! The Trabing fire victims are in District 2. Ellen Pirie declined to be interviewed. The public would like Burns to step down. The planning dept. remains in the red, 2008 - 2009 estimated $4.2 million, under his mismanagement and failed business model. Here are a few Court Opinions that are ignored or are unknown by Santa Cruz County, the Board of Supervisors, the CAO, County Counsel and the Planning Department. See the secret establishment documents of the Building and Fire Code Board of Appeals on April 20, 1976, concealed by the Board of Supervisors, County Counsel, CAO and Planning Dept. for 33 years, from the citizens of Santa Cruz County. Establishment document pages 1-2 and signature page 3. (Pages have been reduced from legal size originals to letter size - supplied through the Public Information Act.) It's worse than this, the State Health & Safety Code 17920.5 became law in 1961 per Chapter 1844 p. 3920 section 8. This means for 48 years citizens have not had due process that is State mandated. Supervisors were aware all along adopting annual falsified templates to forward to the State. Look at their falsified document Supervisor Tony Campos agendized appeals board annual report to the State for year 2000- making it look like the citizens had a legally functioning appeals board. In 2002, Ellen Pirie, Supervisor, appoints Dan Bronson to the Building and Fire Code Board of Appeals Commission, on paper only. County concealed so well no citizen knew to apply for an appeal to such an independent board so no appeals were heard was and is the standard template still being used. The annual reports since are posted on this website under Hot News - 2009 tab.
Click here for story print out. See video of news report.
Excessive Fees Not Allowed By Law.
SUPERVISORS FILED FALSIFIED ANNUAL REPORTS TO THE STATE
The Board of Supervisors have filed falsified annual reports to the State that the Building and Fire Code Appeals Board they concealed was functioning through the decade(s). The "template" was the same through this decade stating, "No hearings were required or held during Calendar Year", however, the wording was changed in the 2008 report stating "no valid appeals" were heard . Was this in reaction to citizens' protests of the "gatekeeping" scheme? Some years no report at all was filed! Here is the report for 2000, Supervisor Tony Campos signed the annual report for 2001 (note section IV states the building inspection division of the community resources agency shall provide staff support for the appeal commission), Ellen Pirie signed the report for 2002 , Mardi Wormhoudt signed the report for 2003 - note David Smith makes first appeal and it is denied through Planning gatekeeping, the report for 2004 was never made, Mark Stone signed the report for 2005, Jan Beautz signed the 2006 report and the 2007 report , and Neil Coonerty signed the report for 2008. The Board of Supervisors January 27, 2004 and March 6, 2007 commission annual vacancy lists do not have BAFCAB listed on them even though BAFCAB had vacancies. The State preempts local ordinances that contain errors and omissions to disadvantage the public. Since 1961 citizens have not had the State mandated appeals board for relief as Health & Safety Code 17920.5 requires appeals boards. Read document that even County Counsel is ignorant of.
NEW YOUTUBE INTERVIEW OF DAN BRONSON, CHAIR, BUILDING AND FIRE CODE BOARD OF APPEALS COMMISSION, BEFORE BEING DISBANDED. The County has been denying your right to appeal any planning dept. or code compliance decision, determination or order since 1976. Read Bronson outline of the laws that give you the right to appeal your permit or notice of violation for any reason to a Commission of non government employees. Read Bronson's objection speech transcript, of true events, to the incompetent Supervisors on June 2nd. See YouTube.
Read the June 9, 2009, actual transcript of County Counsel and Supervisors, Ellen Pirie and Neil Coonerty, unlawfully and deliberately deprive all county citizens of their property rights and due process rights. The courts will not support such rogue corruption. Read our Court Cases tab for updates on court cases against the county for their illegal acts.
HOT NEWS:
County of
June 21, 2009 - Last year Alliance for Change government watchdogs caught the County with outdated and missing ordinances on the County website due to their not supplying vendor the codes. This along with not having State certified staff should nullify all Notices of Violation/Redtags on properties. Major local ordinance 12.10.070 was found missing from the
Government Code 815.6 Holds Ellen Pirie, Neil Coonerty, Jan Beautz, Tony Campos and Mark Stone, members of the Santa Cruz County Board of Supervisors, Tom Burns Liable For Failure of Mandatory Duties.
Read Government Code 815.6 respected by Judges. This entire website documents the long history of mandatory duty failures. Read new landmark lawsuit naming the Board of Supervisors, County Planning Dept. and County of Santa Cruz as Defendants, filed today, June 15, 2009. The county's administrative scheme "Appealgate" has been fully uncovered. On November 20, 2007, the Board of Supervisors agenda item 54 (page 8: 39 of 214), completely deleted California Building Code 108.8 and have concealed citizens rights to an independent Housing or Local Board of Appeals since 1961 per Health & Safety Code 17920.5 - yes - 48 years of concealment and no access for citizens ! Here is the wording on page 8 ( 39 of 214) of the unlawful deletion of CBC 108.8 and no mention or following of the updated California Building Standards Commission code B101-B101.4.2:
Travis Smith, Trabing fire victim of June 2008, spoke before the Santa Cruz Board of Supervisors this morning informing them of Government Code 1099. Why Hasn't County Counsel Obeyed it?
June 16, 2009- The Supervisors have scheduled a county obstructed appeal hearing filed October 2008 by land use consultant, Claire Machado. Nine months later Machado and her client will be heard. If they are heard, the Supervisors will have to denounce and resign from their Supervisor seats according to Govenment Code 1099. They are not trained and hold considerable conflict of interest besides being government employees that would not supply due process to the appellant.They also hold multiple seats on other boards, committees and commissions.
June 13, 2009 - Government Code 1099 Board of Supervisors, CAO, County Counsel and Planning Dept. Unaware of to Have Disbanded the Lawfully Performing Building and Fire Code Board of Appeals Commission.
On June 9th the Supervisors adopted ordinance amendments to agenda item 12 to elect themselves to be the local appeals board. This is against the legal advice given by head county counsel, Dana McRae, on August 19, 2008. Read McRae transcript. Why did McRae advise this when the appeals board had already been deleted on November 20, 2007, which became ordinances 4894 & 4893 into Title 12 once codified? Ellen Pirie made the motion to adopt and pass these ordinance amendments that day as agenda item #54, page 8 (39 of 214). Government Code 1099 requires Supervisors to resign from their positions to take the second unpaid appeals board commission position. The Board of Supervisors have to resign now. Read Government Code 1099.
TOM BURNS, DIRECTOR, ALLEGEDLY ASSAULTS DISABLE VINCE LO FRANCO AFTER PROTEST SPEECH AT PUBLIC BOARD OF SUPERVISORS MEETING TODAY. SHERIFF CALLED AND CHARGES PRESSED. Sheriffs claim camera in hallway when there is no such surveillance camera in existance.
July 1, 2009- No surveillance cameras confirmed in MidCounty Post article by Linda Friday. Perhaps LoFranco is correct about who assaulted who? Read article.
June 27, 2009 - Update: On KSCO interview today a party was told that another person stated Tom Burns allegedly assaulted him at a redevelopment agency meeting.
June 2, 2009 - Does Tom Burns, uncertified, incompetent and known hot headed director of the Planning Dept., use physical abuse not just due process and redtag abuse on citizens? Is the rumor true that Tom Burns and Jennifer Hutchinson are having an affair? Read more.
PLEASE PROTEST TO ALL FIVE SUPERVISORS TO STOP THEIR ILLEGAL BREAKDOWN OF THE NEW BUILDING APPEALS BOARD.
The new Building and Fire Code Board of Appeals Commission is state mandated to hear any appeal for any adverse decision, determination or order made by the planning dept. Please protest their unjustified dismantling of the Building Appeals Commission. Read more.
COUNTY CAO, SUPERVISORS COONERTY AND PIRIE ATTEMPTING TO GUT BUILDING APPEALS BOARD. COUNTY COUNSEL INCREASING THEIR LIABILITIES. SUPERVISORS NOT QUALIFID. SEE NEW AGENDA ITEM 73 AND 73.1 for public Board of Supervisor meeting on Tuesday, June 2, 2009, 9AM
May 29, 2009 - Read agenda #73.1 that places blame on the Building and Fire Code Board of Appeals Commission for the county's own errors and omissions and interferance at the Commission meetings. Read more.
NEW YOUTUBE: SANTA CRUZ COUNTY CORRUPTION
"Appealgate" knowledge is spreading throughout the State.
May 26, 2009 - The youtube exposes 33 years of hiding the citizen appeals board by the Board of Supervisors, Tom Burns' Planning Dept. and County Counsel led by CAO, Susan Mauriello. Watch this important interview of the new Chair of the Building and Fire Code Board of Appeals Commission, Dan Bronson. Read more.
PLEASE PROTEST AT THE NEXT SUPERVISORS MEETING ON Tuesday, JUNE 2, 2009 AT 9:00AM, 5TH FLOOR to nullify misinformed Chair Supervisor Neil Coonerty, Ellen Pirie letter and the rest of the boards misconceptions of their standing in relation to the new Building and Fire Code Board of Appeals Commission.
Read more.
COUNTY SUPERVISORS BREACH STATE REQUIREMENTS OF COUNTY STRUCTURE AND MANDATES TO FOLLOW STATE LAWS AND STATE CONSTITUTION. Read the State structure and authority over Santa Cruz County.
California Government Code Establishes the Board of Supervisors. It is mandatory for BOS to respect State higher laws. Read Government Codes that hold Supervisors for neglect to perform duties or if they violate any law or fraudulently or corruptly perform any duty.
Bureaucrats Scraping for Power -new website reveals inside communications exposing alleged fraud practices, unlawful red tape and redtags by uncertified and untrained County officials and staff.
Citizens- Important Notice
Building, Housing, Fire Code Appeals Board Commission, Monday, meeting June 15, 2009, 6:00PM is being reviewed by legal counsel if they can still hold meetings as the Board of Supervisors unlawfully disbanded the Commission. Judge Burdick and Judge Atack state no due process exists in the County Planning Dept. and Supervisors have misinterpreted higher statutes. Read more.
May 19, 2009 -
The Mulcahy appeal filed by prominent architect, Cove Britton, has been removed due to its written vagueness and invalid claims made by Jennifer Hutchinson and Sean Livingston, building inspectors. HCD and ICC have oversight for wrongful use of inspector licenses. Read more.
END THE ALLEGED ABUSIVE WHIMS AND DENIAL OF DUE PROCESS RIGHTS BY UNCERTIFIED COUNTY PERSONNEL
The uncertified county staff are: Tom Burns, David Lee, Mark Deming, Dave Laughlin, Ken Hart, Don Bussey, Kevin Fitzpatrick, Jacob Rodriquez, Laura Madrigal, Kathleen Salazar, Paia Levine, Alice Daly, Dave Keyon, Victorial Rodriquez, Robin Bolster, Jessica DeGrassi, Antoinella Gentele, Matt Johnston, Glenda Hill, George Gigarjian, Stephania Francone and other code compliance personnel, and staff permit planners. Jennifer Hutchinson was the uncertified building official until certified October 11, 2008, after five months of citizen protests. The City of Santa Cruz understands staff must be certified and trained. Read more.
Read the Aptos Times potent article about this second meeting.
Important court cases upholding Supervisors and County cannot inflict unlawful ordinances on citizens as they breach higher laws:
Briseno v. City of Santa Ana
Leslie v Superior Court
Being charged excessive fees?
Request an appeal. See court cases against excessive fees.
Also, see Court Cases tab.
Planning Dept. Organizational Chart is dysfunctional and 2009 Budget 60% Loss (see page three for $5 million - a 60% loss!)
STOP COUNTY PURSUIT OF COLLECTIVISM (worse than socialism)
SEE CITIZEN COURT CASES v COUNTY of SANTA CRUZ
COUNTY SUPERVISORS AND STAFF CAN BE SUED AND HELD LIABLE FOR UNLAWFUL ACTS.
Read State and Federal rulings.
PRECEDENT COURT CASES PROTECT DUE PROCESS RIGHTS FOR PROPERTY OWNERS.
COUNTY OF SANTA CRUZ SUPERVISORS, CAO, PLANNING DEPT. AND COUNTY COUNSEL OPERATE WITH ARBITRARY AND CAPRICIOUS UNLAWFUL TREATMENT. Ignore Supreme Court case law, Constitutions, Federal and State higher laws, California Building Codes and personnel uncertified and untrained in their plan to coerce Collectivism. Read the Attorney General's Opinions of other local governments caught for violating the law and read a precedent setting case, Leslie v. Superior Court , finding a county was not following State law. Santa Cruz County is doing the same. Also, read this Grand Jury report showing county Supervisors and others hand dipping control into the planning department. Notice that this June 28, 2007, Tom Burns document agenda item #28 that the Board of Supervisors went along with does not even mention an independent due process appeals board as per CBC 108.8 that is required by State codes that supercede local ordinances and the Health & Safety Codes. Read the document that link has been shut off by the county on their website. We ran copies of all pertinent documents over a year ago, to protect them for all citizens, as the county begins to shred evidence as the uncovering of the web tightens about their "alleged" corrupt schemes.
CITIZENS STRIKE BACK.
April 25, 2009 - The Board of Supervisors, CAO, County Counsel, and Planning Dept. mismanaged by uncertified director, Tom Burns, are unlawfully continuing to deny property owners due process and continuing again to ignore higher laws. Here is the Administrative Hearing Calendar for Code Compliance for April 2009. Why are these property owners still being herded through an internal planning department personnel hearing rather than the Building and Fire Code Board of Appeals Commission? See Hot News - 2009 for Adminstrative Hearing Calendars for November 2007 to July 2009. All of these citizens were deprived their State and Federal Constitutional rights to due process with an independent appeals board that is required by State laws. Tom Burns business model does not work. Look at his actual and proposed budgets. He costs the county multimillions of dollars each year being in the red. See page 28-1 (3 of 33) for 2005- 2008 chart.
Constitution Freedom of Speech and Press
