[TRAPANI LAW FIRM]

An El Dorado Hills couple is suing their neighbor for what they call excessive cigar and cigarette smoke. The case puts a twist on a decades old legal saying.

“My right to smoke ends where your nose begins,” attorney David Trapani told the Mountain Democrat this week. Trapani represents Richard and Donna Ganguet, ages 72 and 62, who live in a 55 and older community.

“The neighbors have a habit of smoking at all hours of the night and day, including when my clients are trying to sleep. The smoke is infiltrating not just into the back yard, but into the ventilation, and into my clients’ home,” Trapani said.

Richard Ganguet is in the early stages of congestive heart failure, Trapani said. The neighbors’ smoke is allegedly causing health and property damage.

“The amount of second-hand smoke tolerable to persons with heart disease is nominal to zero. My client is breathing this smoke. It’s a serious health concern,” Trapani said. “We’re not saying people shouldn’t smoke. But the goal is definitely to get the neighbors to stop, or to limit their smoking.”

The neighbor is Florence Solone, who lives with extended family.

Her attorney Douglas Smith says it’s a trivial dispute that doesn’t belong in a court of law.

“This is probably the most ridiculous case I’ve seen in 23 years. It’s just silly. It’s a neighborhood dispute that should have been resolved by neighbors talking.

“The allegations are not true. My clients have taken steps to limit the amount of smoking. They would be willing to work this out instead of watching lawyers get rich,” said Smith.

But the Ganguets already tried speaking face to face with their neighbor, according to their attorney.

“They talked, and it seemed the volume of smoke actually increased. One of the occupants of the home continues to smoke even after the service of the lawsuit,” Trapani said.

The Ganguets are seeking compensation for the alleged damages. Trapani would not put a dollar amount on the case.

A national report this month confirmed what health officials have long believed – there is no safe level of secondhand smoke. Even limited exposure to second-hand smoke can increase the odds of a heart attack, states the report written by an expert panel commissioned by the Centers for Disease Control.

“If you have heart disease, you really need to stay away from second-hand smoke. It’s an immediate threat to your life,” writes co-author Dr. Neal Benowitz.

Trapani said he didn’t know of any previous cases of smoking lawsuits involving homes. But there have been cases involving smoking in apartments, he said.

[Carla Hass  ]

(PLACERVILLE, CA) – Homeless children in El Dorado County will soon be the beneficiaries of nearly $45,000 thanks to the efforts of the County’s Child Support Services staff and the state association of Child Support directors.

“Each year, the Child Support Directors Association of California (CSDA) raises funds to help support a non-profit charity selected by the CSDA president,” said current CSDA president and El Dorado County Director of Child Support Services, Don Semon. “For this one-time opportunity to select the charity, we chose to fundraise for El Dorado County students identified as homeless by the McKinney-Vento Act.”

In partnership with the El Dorado Community Foundation, CSDA established the Homeless Children Matter Fund and set a goal of raising $30,000 by May 2, 2018.

The fundraising efforts began in early September with raffles, a crab feed in partnership with Big Brothers Big Sisters in March, donations from individuals and businesses, and a finale raffle with gift baskets donated by local child support agencies throughout California at the CSDA annual training conference earlier this month.

The efforts paid off in grand fashion, smashing the goal by almost $15,000. The funds will help the nearly 1,000 homeless children in the County receive all school programs and services for which they are eligible, including academic support, school nutrition and transportation. All the money raised will remain in El Dorado County and will be distributed to the Office of Education by the Community Foundation.

“The selflessness of everyone involved in this effort during the last eight months to make a positive impact in the lives of homeless children who call school their home, where they see the same faces, sit in the same seat and can put their personal challenges aside for the day, has been remarkable,” said Semon. “We created this fund to help make a difference in our county as well as to raise awareness of the homeless student population throughout the state. I’m humbled that we accomplished what we set out to do and that we are a part of making life better and brighter for these children.”
 

[Ben Hancock]

SAN FRANCISCO — Former U.S. Attorney General Eric Holder, now at Covington & Burling, on Friday filed an amicus brief on behalf of the California Senate arguing against a Department of Justice lawsuit over state immigration policy.

The brief speaks out in defense of SB 54, the California Values Act, also called California’s “sanctuary state” law. The statute limits state law enforcement interactions and information-sharing with immigration authorities.

Holder’s brief on behalf of the state Senate says the law passes constitutional muster and is aimed at ensuring residents are able to cooperate with state and local law enforcement “without concern of immigration consequences,” including as witnesses, victims and participants in community criminal justice efforts.

“Through this lawsuit, the Department of Justice seeks to commandeer California by enjoining provisions of the act as purportedly preempted,” it adds. “This brief explains how the California Values Act is a constitutional exercise of core sovereign authority and was the product of a careful legislative process.”

The DOJ sued the state of California in March, challenging provisions in three immigration-related state laws, including SB 54, as unconstitutional. Current U.S. Attorney General Jeff Sessions at the time referred to the measures as “unjust, unfair, and unconstitutional policies” in remarks to law enforcement officials.

The case is currently in federal court in Sacramento in front of U.S. District Judge John Mendez of the Eastern District of California, who was appointed by President George W. Bush.

California Attorney General Xavier Becerra unsuccessfully tried to move the suit to San Francisco, where U.S. District Judge William Orrick is hearing California’s challenge to a Trump administration proposal to deny law enforcement grants to sanctuary cities and counties.

[PRpond]

The following people are on the arrest log of May 20, 2018, as reported by the El Dorado County Sheriff’s Department:

First Name    Last Name        Sex    
Date Booked    Status        Age
First Charges    Description of First Charges      Bail Amount

ERIC    MATHEW    BEUCKENS    M
PV    20180520    RELEASED    45    T
14601(A)    M    DRIV:SUSP/ETC LIC:RECKLES    

WILLIAM    LAWRENCE    BLACK    M
LT    20180520    RELEASED    42    S
11377(A)    M    POSSESS CNTL SUB    $2,500.00
1203.2(A)    M    VIOL OF PROBATION    $2,000.00

CAMERON    ALLEN    BOWERS    M
PV    20180520    INCUSTODY    29    E
1203.2(A)    M    VIOL OF PROBATION    

VLADIMIR    VOVA    BURBEL    M
PV    20180520    RELEASED    35    E
148.9(A)    M    FALSE ID TO SPECIFIC PO'S    $2,000.00

DAVID    SERGIO    CASTRO    M
PV    20180520    RELEASED    37    I
23152(F)    M    DUI ANY DRUG    $5,000.00
23152(A)    M    DUI ALCOHOL    $5,000.00

ROBERT    BRIAN    DOYLE    M
PV    20180520    RELEASED    31    E
484(A)    M    THEFT    $6,000.00

MATTHEW    JAMES    FOX    M
LT    20180520    INCUSTODY    34    E
11364(A)    M    POSS UNLAW PARAPHERNALIA    $2,000.00
3056    F    VIOLATION OF PAROLE:FEL    
11377(A)    M    POSSESS CNTL SUB    $2,500.00
ENHANCEMENT    F    ENHANCEMENT    $65,000.00

MATTHEW    JACOB    FREMONT    M
PV    20180520    RELEASED    41    I
23152(A)/23152(B)    M    DUI ALCOHOL    $5,000.00

ANTHONY    DOUGLAS    FURLONG    M
PV    20180520    INCUSTODY    21    P
647(F)    M    DISORD CONDUCT:ALCOHOL    $500.00
148(A)(1)    M    OBSTRUCT/ETC PUB OFCR/ETC    $3,000.00
243(B)    M    BATT PO/EMERG PRSNL/ETC    $7,500.00
1203.2(A)    M    VIOL OF PROBATION    $1,500.00
HANCEMENT    M    ENHANCEMENT - FOR BAIL PURPOSES ONLY    $2,500.00

DAVID    ANTHONY    HODGES    M
PV    20180520    RELEASED    51    E
597.7(A)    M    GBI TO ANIMAL:UNATN CAR    $25,500.00

ROBERT    FRANKLIN    LOWE    M
LT    20180520    RELEASED    80    S
602    M    TRESPASSING    $2,000.00

DAVID    GIUSEPPE    MACRI    M
PV    20180520    RELEASED    47    I
23152(A)    M    DUI ALCOHOL    
23152(B)    M    DUI ALCOHOL/0.08 PERCENT    

ANTHONY    JOSEPH    MARINO    M
PV    20180520    INCUSTODY    38    E
11377(A)    M    POSSESS CNTL SUB    $2,500.00
11364(A)    M    POSS UNLAW PARAPHERNALIA    $2,000.00
245(A)(1)    F    ADW NOT FIREARM    $25,000.00
243(E)(1)    M    BAT:SPOUSE/EX SP/DATE/ETC    $7,500.00
HANCEMENT    F    ENHANCEMENT FOR BAIL PURPOSE ONLY    $30,000.00

ANDREW    GUSTAV    MITCHELL    M
PV    20180520    INCUSTODY    37    E
273A(B)    M    WILLFUL CRUELTY TO CHILD    

DENNIS    ALLEN    MOSIER    M
PV    20180520    RELEASED    53    I
23152(A)/23152(B)    M    DUI ALCOHOL    $5,000.00
23152(A)    M    DUI ALCOHOL    $2,000.00

LIEN    THI    NGUYEN    F
PV    20180520    RELEASED    52    I
23152(F)    M    DUI ANY DRUG    $5,000.00

KATRINA    NICOLE    POTTS    F
LT    20180520    INCUSTODY    32    S
23152(A)/23152(B)    M    DUI ALCOHOL    $10,000.00

JOSEPH    WARREN    RUEGG    M
LT    20180520    INCUSTODY    25    S
23152(A)/23152(B)    M    DUI ALCOHOL    $15,000.00
ENHANCEMENT    M    ENHANCEMENT:FOR BAIL PURPOSES ONLY    $2,500.00

MICHAEL    JAY    RYDER    M
PV    20180520    INCUSTODY    63    E
273.5    F    INFLICT CRPL INJ SP/COHAB    $50,000.00

ROBERT    WILLIAM    SABINO    M
PV    20180520    RELEASED    20    I
23152(F)    M    DUI ANY DRUG    $5,000.00

ALEXANDER    CAVALLIER    SCHMUCKER    M
PV    20180520    INCUSTODY    22    E
11364(A)    M    POSS UNLAW PARAPHERNALIA    $5,000.00

DEAN    JOHN    SKEETS    M
LT    20180520    INCUSTODY    58    E
647(F)    M    DISORD CONDUCT:ALCOHOL    $500.00

CHRISTINE    MARIE    SNYDER    F
PV    20180520    INCUSTODY    40    E
484(A)    M    THEFT OF PERSONAL PROP    

JEREMY    JOSEPH    STANCHFIELD    M
PV    20180520    INCUSTODY    37    E
30305(A)(1)    F    PROHIB OWN/ETC AMMO/ETC    $20,000.00
1203.2(A)    F    VIOL OF PROBATION    

JARED    MICHAEL    STEWART    M
LT    20180520    INCUSTODY    32    S
10851(A)    F    VEHICLE THEFT    $25,000.00
496(A)    F    REC KNWN STOLN PROP    $7,500.00
ENHANCEMENT    F    ENHANCEMENT FOR BAIL PURPOSE ONLY    $55,000.00

DONALD    GERARD    STUPEK    M
PV    20180520    INCUSTODY    61    I
23152(A)/23152(B)    M    DUI ALCOHOL    $10,000.00

KATY    ANN    YORK    F
LT    20180520    RELEASED    28    S
23152(A)/23152(B)    M    DUI ALCOHOL    $10,000.00

DAVID    LAWRENCE    ZUCCOLOTTO    M
PV    20180520    INCUSTODY    41    E
11550(A)    M    UNDER INFLUENCE CNTL SUB    $2,000.00

EDSO Actvity Log for 5/20/2018

@ 0058 13700 IN DOMESTIC DISPUTE \ CAMERON PARK EG1804390
INFORMATION ONLY

@ 0417 13700 PC DOMESTIC QUARREL \ LAKE TAHOE EG1804392
AN ADULT MALE AND FEMALE ROMANTIC COUPLE WERE INVOLVED IN A VERBAL ALTERCATION.

@ 0748 148.9(A) PC FALSE ID TO SPECIFIC \ RED HAWK PK, SHINGLE SPRINGS EG1804394
A MALE SUBJECT WAS CONTACTED AND PROVIDED A FALSE NAME. HE WAS ARRESTED FOR FALSE ID TO A PEACE OFFICER. REPORT TAKEN.
S01 ARRESTED BURBEL, VLADIMIR SEX=M AGE=35

# REDACTED

@ 1700 245(A)(1) PC ADW NOT FIREARM \ CAMERON PARK EG1804402
. DEPUTIES INVESTIGATED THE INCIDENT AND THE MALE SUBJECT WAS ARRESTED FOR DOMESTIC VIOLENCE AND ASSAULT WITH A DEADLY WEAPON.
V01 SEX=F VICTIM AGE = 29
S01 ARRESTED SEX=M AGE=38

@ 1711 459 PC BURGLARY TO VEHICLE \ EMERALD BAY RD, TAHOMA EG1804386
DEPUTIES RESPONDED FOR A REPORT OF A THEFT FROM A LOCKED VEHICLE LOCATED AT A TRAILHEAD PARKING LOT.
V01 SEX=F VICTIM AGE = 37
V02 SEX=F VICTIM AGE = 38

@ 1819 11550(A) HS UNDER INFLUENCE CNTL \ VERMEER CT, EL DORADO HILLS EG1804407
A MALE WAS ARRESTED FOR BEING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE. THE MALE ALSO CLAIMED HE WAS THE VICTIM OF A HOME INVASION ROBBERY, THIS CLAIM WAS UNFOUNDED.
S01 ARRESTED ZUCCOLOTTO, DAVID SEX=M AGE=41

@ 1953 273.5(A) PC CRPL INJ:SPOUS/COHAB \ SOUTH LAKE TAHO EG1804408
DEPUTIES RESPONDED FOR A REPORT OF DOMESTIC VIOLENCE IN PROGRESS. THE FEMALE SUSPECT HAD FLED THE SCENE, PRIOR TO THE ARRIVAL OF EDSO. PROBABLE CAUSE WAS ESTABLISHED FOR HER ARREST AND THE INVESTIGATION CONTINUES.
V01 SEX=M VICTIM AGE =29

@ 2119 11377(A) HS POSS CONTROLLED SUBS \ GRIZZLY MOUNTAIN DR, SOUTH LAKE TAHO EG1804410
AN ADULT MALE WAS ARRESTED FOR POSSESSION OF A CONTROLLED SUBSTANCE AND VIOLATION OF PAROLE.
S01 ARRESTED FOX, MATTHEW SEX=M AGE=34

[Distribution of personal information related to juveniles, victims of Domestic Violence and\or victims of sexual assault is unlawful.]

Please Note: Arrests are made based upon probable cause. All are entitled to the presumption of innocence until proven guilty in a court of law.

[Serena Fuson, El Dorado Union High School District]

The El Dorado Union High School District has selected a new Assistant Superintendent, Business Services from a pool of fifteen candidates. Bob Whittenberg, Director of Business Operations for the Whittier Union High School District, is currently in contract negotiations with the District.

Trustees for the District are expected to approve Mr. Whittenberg’s appointment at their June 12, 2018 Board Meeting.

Mr. Whittenberg has served as the Director of Business Services and Business Operations for the Whittier Union High School District for the last ten years. He brings approximately two decades of high school experience to the District with a broad background in facilities, maintenance & operations, purchasing, emergency preparedness and risk management, and is CASBO certified as a Chief Business Official. Mr. Whittenberg also served in the Whittier Union High School District as an assistant principal, a teacher and department chair, as well as a tennis coach. He is known for his warm and collaborative demeanor with staff, students and the greater community. Mr. Whittenberg stated, “I am extremely excited for the opportunity to join the El Dorado Union High School District in serving the community.”

The Board plans to introduce Mr. Whittenberg to the community at the regularly scheduled Board Meeting on June 12, 2018, and will be working with current District administration to ensure a smooth transition.

[U.S. Forest Service]

What began as a very dry winter in the Lake Tahoe Basin ended with Sierra snowpack approximately 85 percent of normal, thanks to heavy precipitation received during the month of March. However, both the National Interagency Fire Center and the Reno National Weather Service expect a warming trend to develop that will lead to drier than normal conditions by late spring.

As a result, the below average snowpack is expected to melt faster, grasses and other vegetation are expected to dry out earlier and wildland fire activity is likely to increase to above average by mid-summer.

“Although we received a great deal of precipitation during the month of March, we are on track for an above average potential for significant wildfire activity this summer.” said U.S. Forest Service Fire Management Officer, Steve Burns. “It’s important to keep in mind that in the U.S., year-round fire seasons have become the new normal, which means for people living in fire-prone areas like the Tahoe Basin, wildfire preparedness is essential.”

Across the U.S., nearly nine out of 10 wildfires are human-caused with illegal and unattended campfires being the biggest source of human-caused wildfires. In 2007, an illegal, abandoned campfire was the cause of the Angora Fire, which burned more than 250 homes, 231 acres of private property and 3,072 acres of National Forest land near South Lake Tahoe.

The public can help the Forest Service and other fire agencies prevent these human-caused ignitions by learning where and when campfires are allowed and making sure campfires are completely extinguished using the Soak, Stir and Feel method before leaving.

On National Forest land in the Tahoe Basin, campfires are only allowed in designated campgrounds and never on the beach, in Desolation Wilderness or in the general forest. Go here and here for more information about campfire safety.

The Tahoe Fire and Fuels Team, which consists of the Forest Service and other state and local partners, has thinned and removed excess vegetation on more than 70,000 acres of National Forest and other lands around communities in the Tahoe Basin to reduce the threat of severe wildfire.

Forest thinning projects, also known as fuels reduction projects, are a top priority for the Forest Service and the TFFT and will continue to be implemented each year in the Tahoe Basin. In order to complement Forest Service and TFFT fuels reduction projects, there are important steps residents and communities must take to improve defensible space and community wildfire preparedness at Lake Tahoe.

Springtime in the Sierra is the perfect time to complete defensible space clean up around homes, review evacuation plans, sign-up for reverse 911 with cities and/or counties, contact local fire districts to schedule free defensible space evaluations, learn about free chipping services and talk to neighbors about the importance of wildfire preparedness.

The time to prepare for the next wildland fire is now. Permanent residents, second-home owners and vacation home owners/renters should familiarize themselves with and follow advice found at http://tahoe.livingwithfire.info/ and/or https://www.ready.gov/wildfires on how to prepare their homes and neighborhoods for the next wildfire. Remember it’s not a matter of “if” the next wildfire will occur, it’s a matter of “when.”

Another step toward wildfire preparedness is to sign-up for the Tahoe Network of Fire Adapted Communities (TNFAC) newsletter. TNFAC provides community members with education, communication and advice; facilitates collaboration between communities and stakeholders; helps communities organize events and neighborhood-level vegetation removal projects and tracks community accomplishments. For more information about the TNFAC program, contact Carlie Teague at 530-543-1501, ext. 114 or email cteague@tahoercd.org.

Visit www.nifc.gov for more information on the 2018 Wildland Fire Outlook.

[PRpond]

Area agencies remind residents and visitors to practice proper food storage and trash disposal at all times while in bear country. Intentional or unintentional feeding of bears can result in the bear being killed, fines and possible jail time for violators.

Every year law enforcement and state wildlife officers respond to hundreds of calls in which bears may pose a public safety threat and/or are damaging property. In some cases, the animals are euthanized. Become part of the solution and help us save our Tahoe bears.

“The Nevada Department of Wildlife appreciates the interagency efforts throughout the Tahoe Basin to help keep bears wild and where they belong,” said NDOW Bear Biologist Heather Reich. “Consistent and informative messaging is something we can all contribute to help residents and visitors be more responsible in bear country.”

The Tahoe Basin is a spectacular place to live and attracts millions of outdoor recreationists each year. It is also prime bear habitat with an estimated population of 10,000 to 15,000 American black bears living in the Sierra Nevada.

With the onset of warmer weather conditions, bears are beginning to leave their winter dens in search of food. When bears emerge from hibernation, they are extraordinarily hungry and must eat to make up for calories lost during winter. As more people live and frequent bear country, an abundance of unnatural food sources become available to bears. Bears are attracted to anything scented and/or edible. Improperly stored food and garbage are temptations few bears can resist.

Once bears gain access to human food or trash, they will continue to seek it out. They become less cautious of people and may display bold behavior when trying to get to human food. Bears that have become indifferent to the presence of people and have access to human food sources may cause property damage and threaten public safety. Residents and visitors can help keep our bears wild and reduce potential conflicts between bears and humans by acting responsibly while in bear country and properly storing food and trash.

At Forest Service campgrounds in the Lake Tahoe Basin, visitors are required to store food in bear-resistant containers (storage lockers/bear boxes), dispose of trash in dumpsters and close and lock these containers or risk fines, jail time, or both.

California state law prohibits the feeding of any big game mammal and proper food storage is also required by law in California State Parks. Food, beverages, scented items or ice chests left unattended will be confiscated and a citation will be issued. Visitors that violate these rules may be ejected from the park. All counties in Nevada that border Lake Tahoe have ordinances in place prohibiting residents from allowing wildlife access to garbage. Citations and fines can be issued for code violations.

The following are tips for safe-guarding homes, long-term rentals, vacation home rentals or timeshares if permitted by home or property owner:

— Never feed wildlife. This attracts predators to homes and properties and perpetuates nuisance wildlife activity.
— Purchase, store all trash in, and properly close bear-resistant garbage containers, preferably bear boxes. Inquire with local refuse companies about new bear box incentives and payment programs or go here and here.
— Never leave groceries, animal feed, or anything scented in vehicles. Bears can open vehicle doors and they may cause damage trying to gain entrance if there are scented items inside.
— Keep barbecue grills clean and stored in a garage or shed when not in use.
— Keep doors and windows closed and locked when the home is unoccupied.
— Vegetable gardens, compost piles, orchards and chickens may attract bears. Use electric fences to keep bears out where allowed. Refrain from hanging bird feeders.
— If neighborhoods experience bear activity, consider using electric doormats and/or electric fencing on windows and/or doors where allowed. Electrified windows and doors should have signs posted for safety and to alert the public and emergency personnel.

Contact local vendors and installers for appropriate products and instructions or go here more information.

— If a bear breaks into your home, do not confront the bear. Give the bear space and move away so the bear can find an escape route.

Tips for safe-guarding campsites against bear encounters:

— Never feed wildlife.
— Always store food (including pet food), drinks, toiletries, coolers, cleaned grills, cleaned dishes, cleaning products, and all other scented items in the bear-resistant containers (storage lockers/bear boxes) provided at campsites.
— Clean the barbecue grill after each use and store properly.
— Always place trash in bear-resistant dumpsters in campgrounds or in bear-resistant containers at campsites (storage lockers/bear boxes), and close and lock after each use.
— Never leave scented items unattended in campsites, tents, or vehicles. Bears can open vehicle doors and they may cause damage trying to gain entrance if there are scented items inside.
— Never leave trash at campsites.

Tips for hikers and backpackers:

— Hike in groups and keep an eye on small children.
— Please keep dogs on leash. Off leash, dogs can alarm and/or aggravate bears and bring the bear back to you.
— Watch for signs of bears, such as bear scat along trails or claw marks on trees, and stay alert. Make noise while on trails so that bears are aware of human presence and can avoid you.
— Never approach bears or cubs. Always, keep a safe distance.
— Store food in bear-resistant food storage canisters while recreating in the backcountry.

To report human-bear conflicts in California, contact California Department of Fish and Wildlife’s Northern California dispatch at 916-445-0380. Non-emergency negative wildlife interactions in California State Parks can be reported to their public dispatch at (916) 358-1300. To report human-bear conflicts in Nevada, contact Nevada Department of Wildlife at 775-688-BEAR (2327). If the issue is an immediate threat, call the local sheriff’s department or 911.

This collaborative agency effort includes California State Parks (CSP), California Department of Fish and Wildlife (CDFW), El Dorado County Sheriff’s Department (EDSO), Nevada Department of Wildlife (NDOW), the Tahoe Regional Planning Agency (TRPA), and the U.S. Forest Service Lake Tahoe Basin Management Unit (LTBMU).
 

[PRpond]

Saturday, June 9 at 12 PM - 3 PM

Please join us for the 5th Annual Wildfire Safety Expo on Saturday, June 9th from 12pm-3pm at the TJ Maxx parking lot located at the “Y” where Highways 50 and 89 intersect.

The event will include information on creating your own home evacuation plan, preparing for fire, creating defensible space around your property and more. 

The Wildfire Expo will provide fun for the entire family with a special appearance by Smokey Bear.

Read MORE on Facebook Event page.

[Opinion - TERRY KAYES]

As a native of Northern California whose memories of El Dorado County go back to the 1950s, I strongly encourage the voters of District 4 and 5 to keep the present county Board of Supervisors intact by reelecting both Supervisor Michael Ranalli and Supervisor Sue Novasel to second terms.

Why? Because El Dorado County over the past two years has had one of the most effective county boards I have seen at work in decades in California and in several other states as well. It would be foolish to not reelect such proven representatives of the people of their districts and the county at large, and instead elect some greenhorns who would most likely take months to get up to speed, with no guarantee they would be nearly as effective.

As a retired applied scientist and national land grant university extension system specialist in agriculture and economic development, and natural resources and environmental management, who for over 20 years worked with a great many rural-suburban county elected officials and employees in more than 12 states, I have observed dozens of county boards in action. The present El Dorado County Board is one of the best I have seen at making sound decisions and getting worthwhile things done. It’s members are all intelligent, hardworking, and have a level of honest integrity that is rare nowadays.

Supervisor Ranalli, the present chair of the Board and representative of District 4, has a remarkable capacity for seeking out, absorbing, thinking through, and integrating highly detailed but important information. He is also remarkably energetic while at the same time being patient, and has a talent for diplomacy that makes him a major asset to the County.

Supervisor Novasel, who represents District 5, brings a kind of forthright, down-to-earth quality to the Board combined with a type of open-minded approach to business, which makes her a clear asset to both the County and her district.

It would be a serious mistake to not reelect these two County Supervisors' second terms in office.

TERRY KAYES, Placerville.

[El Dorado County]

Workshop Objectives:

Familiarize residents and landowners with ongoing efforts to reduce fire hazard in their neighborhoods.

Inform people about the short-term and long-term benefits of vegetation management treatments.

Describe steps that are taken to evaluate and minimize environmental impacts of treatments.

Agenda:
• -  Status of the Sierra Nevada
• -  Forest Resiliency
• -  Coordinating Collaborative/ Community Based efforts
• -  Project highlight: Sly Park Vegetation Management Strategy.

Presenters will include scientists and forest managers from the public and private sectors. A detailed agenda will be provided to registrants.

Field Trip:
We will visit a variety of sites within the Sly Park Recreation Area where fuel reduction projects have been implemented. Plan on bringing your lunch and be prepared for light hiking.

June 21, 2018 8 a.m. – 5 p.m. 
100 Forni Road, Placerville, CA

To register for the workshop, go to https://eldoradoforestfuel.eventbrite.com. [There is nominal registration fee. Following registration, you will be provided with additional information including the final agenda. Questions? Contact Dr. Richard Harris at (707) 685- 5508 or rrharrisconsulting@gmail.com. Register early! Enrollment limited to 40 people.]

[PRpond]

The following people are on the arrest log of May 21, 2018, as reported by the El Dorado County Sheriff’s Department:

First Name    Last Name        Sex    
Date Booked    Status        Age
First Charges    Description of First Charges      Bail Amount

GORDON    DWIGHT    BRYAN    M
PV    20180521    INCUSTODY    43    E
487(A)    F    GRDTHFT:MONEY/LABOR/PROP    $50,500.00

FRANK        CAMPOY III    M
PV    20180521    RELEASED    72    I
14601.2(A)    M    DRIV:SUSP/ETC LIC:DUI:VIO    

RUSSELL    SCOTT    CARY    M
PV    20180521    RELEASED    57    I
4462.5    M    SHO ON VEH/GIV PO FLS REG    

ANTHONY    MICHAEL    CONLEY    M
LT    20180521    INCUSTODY    27    S
21310    F    CARRY CON/DIRK OR DAGGER    $5,000.00
1203.2(A)    M    VIOL OF PROBATION    $5,000.00
1203.2(A)    M    VIOL OF PROBATION    $5,000.00
21810    M    MFG/SALE/ETC METAL KNUCKL    

TYLER    JOHN    ENRIGHT    M
PV    20180521    INCUSTODY    21    I
23152(F)    M    DUI ANY DRUG    $5,000.00
23152(A)    M    DUI ALCOHOL    $5,000.00

ROUEL    FELIX    FRASER    M
PV    20180521    INCUSTODY    30    E
1203.2(A)    F    VIOL OF PROBATION    

KATIE    ELIZABETH    LEE    F
LT    20180521    RELEASED    30    E
273.5    F    INFLICT CRPL INJ SP/COHAB    $50,000.00
591.5    M    DAMAGE WIRELES COM DEVICE    $2,000.00

KENNETH    CHARLES    MADORE    M
LP    20180521    INCUSTODY    51    E
23152(A)/23152(B)    M    DUI ALCOHOL    

FEDERICO    JR    NUNEZ    M
LP    20180521    INCUSTODY    21    E
23152(A)    M    DUI ALCOHOL    

CRISTOBAL    ANTONIO    ROSIL    M
PV    20180521    INCUSTODY    35    E
647(F)    M    DISORD CONDUCT:ALCOHOL    $500.00

NATHAN    JON    SEVERIN    M
LT    20180521    INCUSTODY    39    T
148(A)(1)    M    OBSTRUCT/ETC PUB OFCR/ETC    $3,000.00
23110(A)    M    THROW SUBSTANCE AT VEH    $2,000.00
594(A)    M    VANDALISM    $2,000.00

PATRICK    SAND    TONSING    M
PV    20180521    RELEASED    62    I
245(C)    F    ADW NOT F/ARM:PO/FIRE:GBI    $100,000.00
23152(A)/23152(B)    M    DUI ALCOHOL    $10,000.00

ANZELLA    DANYELL    WEBB    F
PV    20180521    RELEASED    48    E
23152(A)/23152(B)    M    DUI ALCOHOL    
14601.2(A)    M    DRIV:SUSP/ETC LIC:DUI:VIO    

JESSE    KRISTOPHER    YOHNKA    M
LT    20180521    RELEASED    41    S
23152(A)    M    DUI ALCOHOL    $10,000.00

EDSO Actvity Log for -- pending

[Distribution of personal information related to juveniles, victims of Domestic Violence and\or victims of sexual assault is unlawful.]

Please Note: Arrests are made based upon probable cause. All are entitled to the presumption of innocence until proven guilty in a court of law.
 

[Carla Hass]

(PLACERVILLE, CA) – El Dorado County, project developer The Spanos Corporation (“Spanos”), Citizens for Sensible Development in El Dorado Hills (“CSDEDH”), and Sue Taylor have reached an agreement that is intended to resolve all legal disagreements about the El Dorado Hills Apartments project in the El Dorado Hills Town Center. After more than five years of project development and disputes, this collaborative resolution will allow for construction of the apartments to begin.

Spanos originally proposed a 250-unit development in 2014. CSDEDH legally challenged the approval of that project, that challenge was upheld by the trial court, and an appeal in that lawsuit is still pending before an appellate court. While that challenge was being litigated, Spanos went back to the drawing board and created a new project that reduced the number of units to 214 and incorporated new designs and features. In addition, Spanos prepared a full Environmental Impact Report, which is something CSDEDH had requested for the 2014 version of the project. After the County approved the new project in February 2018, CSDEDH and Sue Taylor filed a legal action challenging those new approvals.

The parties have now entered into an agreement that is intended to be a global resolution of all issues. As a result, Spanos will request rescission of its original project approval from 2014. The County will then act on that request for rescission, CSDEDH and Sue Taylor will dismiss the lawsuit challenging the 2018 approvals, the parties will request that the appellate court dismiss the appeal related to the 2014 approvals, and Spanos will move forward with the new 214-unit project design.

While the agreement between the four parties does not change the new project that the County approved in 2018, Spanos has further memorialized its commitment to preserve approximately half of an acre of the project site for open space for passive recreational use by the public. To provide greater clarity, the County will also make a minor technical amendment to its General Plan to clarify that the project is an exception to the maximum density allowed by the General Plan.

Construction on the project is anticipated to begin in the summer of 2019 with the project expected to be completed by the summer of 2021.

[Carla Hass, EDC]

(PLACERVILLE, CA) – The County has received several Public Records Act (PRA) requests regarding the investigation into the Grand Jury’s report on the conduct of Auditor-Controller Joe Harn. One in particular included a request for a copy of an email referenced in a story published in The Sacramento Bee. After lengthy and diligent searches of staff emails, County Counsel had determined there were no responsive documents that met the public’s requests.

Recently, the District Attorney’s Office forwarded to the County a copy of the attached letter from the Attorney General’s Office sent via regular mail, dated July 7, 2016.

“In an attempt to be transparent and proactive and being responsive to the spirit of PRA requests solely for emails on this matter, the Board is making public a letter from the Attorney General’s office to the District Attorney” said County Counsel, Michael Ciccozzi. 

(Letterhead: KAMALA D. HARRIS Attorney General dated July 7, 2016 )

Re: Joe Harn 
Dear Mr. Clinchard: 

Our office has concluded our investigation into the alleged misconduct of Auditor-Controller, Joe Harm. Based on the insufficiency of evidence, we will not be pursuing criminal charges. 

Sincerely, 
RANDY M. MAILMAN Deputy Attorney General 
For KAMALA D. HARRIS Attorney General 

[Carla Hass, EDC]

(PLACERVILLE, CA) – The El Dorado Superior Court issued its final ruling in Rural Communities United v. El Dorado County Board of Supervisors, rejecting all but a few of the challenges to the County’s December 2015 adoption of the Targeted General Plan Amendment and Zoning Ordinance Update.

The lawsuit challenged the County’s December 2015 certification of the Environmental Impact Report (EIR) and approval of the TGPA/ZOU on the alleged grounds that the approval of the TGPA/ZOU, and other ancillary planning documents, violated the California Environmental Quality Act (“CEQA”) and other land use laws and that the approval process denied Petitioners of due process. The trial court rejected all of Rural Communities United’s land use claims and nearly all of the CEQA claims.

“We are delighted to have this affirming ruling in a case that has been litigated for nearly three years,” said County Counsel, Michael Ciccozzi. “By denying nearly all the Petitioner’s substantive claims, the Court sent a clear message that the County can continue to implement its General Plan and enforce its zoning ordinance with a narrowly scoped EIR re-certification effort.”

In its 239-page ruling, the Court took issue with only 11 of the County’s 1300 responses to comments on the EIR and a procedural issue solely related to where the disclosure of a disagreement between the County and the California Board of Forestry and Fire Protection (Cal Fire) should appear in the EIR. The trial court rejected all of the remaining arguments.

In order to address the Court’s ruling, the County need only do a more thorough response to the 11 comments the County received from the general public and present its disagreement with Cal Fire in the Executive Summary section of the EIR rather than in a later chapter of the EIR. The remainder of the EIR (roughly 9000 pages) remains as certified by the County.

“The court’s decision reflects that after four years of hard work by County staff and consultants, more than 200 public meetings and hearings and expending significant taxpayer dollars, the County met all of its land use responsibilities and with the exception of a handful of responses to comments, fulfilled its CEQA obligations,” said Ciccozzi. “The Board of Supervisors and staff are committed to a transparent and rigorous public review, now and in the future. The commitment is reflected in the Court’s decision,” he said.

The Board of Supervisors, at the request of and on the recommendation of County Counsel, engaged the services of an outside law firm to assist the County in defending against this lawsuit. To date, the County has incurred outside counsel legal expenses in defense of the litigation of approximately $253,000 and has internally incurred County Counsel legal costs of approximately $45,000.

“In defending this litigation, the County incurred extensive costs not only directly related to County Counsel’s time and outside counsel, but also other County departments’ staff time required to assemble and review an administrative record that included more than half a million pages,” said Ciccozzi. “After two-and-a-half years of costly litigation, the County looks forward to continuing to work toward achieving the visions and goals of the County’s General Plan,” he added.

[Michael R. Blood]

LOS ANGELES (AP) — American Indian tribes that say they have been cut out of California’s legal marijuana market have raised the possibility of going their own way by establishing pot businesses outside the state-regulated system that is less than two months old.

The tribes floated the idea of setting up rival farms and sales shops on reservations after concluding that rules requiring them to be licensed by the state would strip them of authority over their own lands and their right to self-governance.

For tribes to participate in the state-run market, “they have to give up their rights to act as governments, with regard to cannabis,” said Mark Levitan, a tribal attorney.

At issue are legally thorny questions about who governs whom, taxation and the intersection of state marijuana laws with tribes that the federal government recognizes as sovereign nations within the U.S.

Under regulations issued last year, California would retain full control over licensing. Tribes would have to follow state rules, including “submission to all enforcement,” to obtain a license to grow or sell marijuana. Any application must include a waiver of “sovereign immunity,” a sort of legal firewall that protects tribal interests.

Without state licenses, businesses cannot take part in the legal state pot market. California has over 100 federally recognized tribes, the most of any state, and estimates of the number either growing and selling pot or eager to do so varies, from a handful to over 20.

Unlike those that have prospered from casino gambling, some are in struggling rural areas and would welcome a new source of cash to improve schools and pave roads.

Don’t miss our special section on how cannabis and art work together.

After long-running negotiations between tribes and state officials failed to produce an agreement before broad legal sales began Jan. 1, the California Native American Cannabis Association warned state officials that tribes “may engage in commercial cannabis activities through our own inherent sovereign authority.”

If tribes choose to step away from California’s market, “the state will have no jurisdiction to enforce its cannabis laws and regulations on tribal lands,” the group said in a sharply worded letter to Democratic Gov. Jerry Brown’s administration in December.

Tribes “just want to be able to do business in the state of California and elsewhere, just like anybody else ...

Issues involving sovereignty touch a sensitive subject for tribes, and they see the predicament with marijuana as part of a history of exploitation.

The state rule “harkens back to the end of the 19th century … when federal and state policies favored extermination or forced assimilation of California tribes,” the tribal group wrote.

READ MORE 
.  

[PRpond]

EL DORADO HILLS, Calif. May 23, 2018 – The Bureau of Land Management Mother Lode Field Office is initiating Stage 1 fire restrictions and temporary target shooting limitations for BLM-managed public lands effective May 25, due to potential fire danger.

The 14 counties affected by these fire restrictions and temporary target shooting limitations in California are on BLM-managed public lands in the Sierra Nevada foothills: Amador, Calaveras, Colusa, El Dorado, Mariposa, Merced, Nevada, Placer, Sacramento, San Joaquin, Stanislaus, Sutter, Tuolumne and Yuba counties. Fire and shooting restrictions will also affect BLM-managed recreational areas along the American, Merced, Mokelumne, South Yuba and Tuolumne rivers.

It is estimated that nearly 90 percent of wildfires in the United States are caused by humans. Individuals who spark wildfires, intentionally or unintentionally, are held responsible for fire suppression and repair costs. The public is advised to be extremely careful when recreating outdoors and do the following: carry a shovel and water at all times, and check weather forecasts and fire danger ratings before leaving home. The following restrictions/limitations will remain in place until fire dangers subside:

- No shooting, use of firearms for hunting is still allowed – hot bullet fragments and exploding targets from recreational shooting can spark a wildfire.
- No tools powered by internal combustion engines off established roads or trails (chainsaws or lawn mowers).
- No motorized vehicles off established roads or trails.
- No fireworks, including “safe and sane” fireworks.
- No welding or operating acetylene or other torch with open flame, except by special permit.
- No use of explosives, except by special permit.
- Campfires and barbecues are allowed only in fire rings at designated campgrounds. However, the public is advised to clean 10 feet around the campfire. - Portable stoves with gas, jellied petroleum, or pressured liquid fuel are authorized with a valid California campfire permit, available at www.preventwildfireca.org/Permits.

The National Interagency Fire Center predicts a hotter and drier year for central California with greater fire risk in tree mortality areas. For information on how to prevent wildfires, visit http://www.readyforwildfire.org/. For specific questions, contact the Mother Lode Field Office at 916-941-3101.

The BLM manages more than 245 million acres of public land located primarily in 12 Western states, including Alaska. The BLM also administers 700 million acres of sub-surface mineral estate throughout the nation. The agency’s mission is to sustain the health, diversity, and productivity of America’s public lands for the use and enjoyment of present and future generations. Diverse activities authorized on these lands generated $75 billion in sales of goods and services throughout the American economy in fiscal year 2016—more than any other agency in the Department of the Interior. These activities supported more than 372,000 jobs.

[PRpond]

The following people are on the arrest log of May 22, 2018, as reported by the El Dorado County Sheriff’s Department:

First Name    Last Name        Sex    
Date Booked    Status        Age
First Charges    Description of First Charges      Bail Amount

PEFANIO    FIDEL    BOADO    M
PV    20180522    RELEASED    25    I
23152(F)    M    DUI ANY DRUG    $5,000.00
11377(A)    M    POSSESS CNTL SUB    $2,500.00
11350(A)    M    POSSESS NARCOTIC CNTL SUB    $2,500.00
11364(A)    M    POSS UNLAW PARAPHERNALIA    $2,000.00

OSHUA    LEE    EDDE    M
LT    20180522    RELEASED    25    S
23152(F)    M    DUI ANY DRUG    $5,000.00
594(A)(2)    F    VANDALISM:DAMAGE PROPERTY    $10,000.00
ENHANCEMENT    F    ENHANCEMENT:FOR BAIL PURPOSES ONLY    $15,000.00

MELANIE    LYNN    EISSLER    F
PV    20180522    RELEASED    45    E
647    M    DISORDERLY CONDUCT    $500.00

SHERRIE    MARIE    GOODRICH    F
PV    20180522    RELEASED    54    P
602.1(A)    M    TRESPASS PUBLIC BUSINESS    $2,000.00
ENHANCEMENT    M    ENHANCEMENT FOR BAIL PURPOSE ONLY    $5,000.00

ELIJAH    CORYLANE    KIDWELL    M
PV    20180522    INCUSTODY    23    E
11364(A)    M    POSS UNLAW PARAPHERNALIA    $2,000.00
ENHANCEMENT    M    ENHANCEMENT FOR BAIL PURPOSE ONLY    $2,500.00

GEORGE    ANTHONY    LOPEZ    M
LT    20180522    RELEASED    47    E
1320(A)    M    FTA:MISDEMEANOR CHARGE    $3,000.00

JONATHAN    NOE    MENDOZA    M
PV    20180522    RELEASED    23    S
14601.2(A)    M    DRIV:SUSP/ETC LIC:DUI:VIO    

JOSEPH    DEBS    MOSQUEDA    M
LT    20180522    INCUSTODY    39    E
69    F    OBSTRUCT/RESIST EXEC OFF    $75,000.00

WILLIAM    GREGORY    PINKLEY    M
LT    20180522    RELEASED    41    S
602    M    TRESPASSING    $2,000.00
459.5    M    SHOPLIFTING    $2,000.00
ENHANCEMENT    F    ENHANCEMENT:FOR BAIL PURPOSES ONLY    $2,500.00

STRATOS    ALEXANDER    RODETIS    M
PV    20180522    RELEASED    58    P
647(F)    M    DISORD CONDUCT:ALCOHOL    $500.00

JOSE    OSVALDO    ROMERO    M
LT    20180522    RELEASED    20    S
647(F)    M    DISORD CONDUCT:ALCOHOL    $500.00

ANTHONY    ALLEN    ROSS    M
PV    20180522    INCUSTODY    34    P
3056    F    VIOLATION OF PAROLE:FEL    

AMBER    DEA    SHERIFF    F
LT    20180522    RELEASED    38    S
647(F)    M    DISORD CONDUCT:ALCOHOL    $500.00

CHRISTOPHER    LEE    SPEAR    M
PV    20180522    RELEASED    42    I
23152(A)/23152(B)    M    DUI ALCOHOL    $15,000.00

ANZELLA    DANYELL    WEBB    F
PV    20180522    INCUSTODY    48    E
23152(B)    M    DUI ALCOHOL/0.08 PERCENT    
14601.2(A)    M    DRIV:SUSP/ETC LIC:DUI:VIO

EDSO Actvity Log for 5/22/2018

@ 0005 10.16.10 MC ABANDONED VEH \ VOLCANOVILLE RD, GEORGETOWN EG1804458
DEPUTY RESPONDED TO A CALL FOR SERVICE REGARDING AN ABANDONED VEHICLE
S01 SEX=M SUSPECT AGE=44

# REDACTED

@ 0805 27491 GC CORONER REPORT \ GEORGETOWN EM1804463
ELDERLY VICTIM WAS FOUND DECEASED IN HIS RESIDENCE.
V01 SEX=M VICTIM AGE =93

@ 0823 FOUND IN FOUND PROPERTY \ FAIR LN, PLACERVILLE EG1804462
METH PIPE BOOKED FOR DESTRUCTION.

@ 0943 594(A) PC VANDALISM \ SNOWS RD, CAMINO EG1804427
VIA EDSO ON LINE REPORTING SYSTEM- R/P REPORTED VANDALISM TO A SCHOOL

@ 0950 LOST PROP IN LOST PROPERTY \ COACH LN, CAMERON PARK EG1804428
VIA EDSO ON LINE REPORTING SYSTEM- VICTIM REPORTED LOST PROPERTY.
V01 SEX=F VICTIM AGE = 58

@ 0957 459 PC BURGLARY \ SALMON FALLS RD, EL DORADO HILLS EG1804429
VICTIM REPORTED VEHICLE BURGLARY
V01 SEX=M VICTIM AGE =28

# REDACTED

@ 1053 11357(A) HS POSS MARIJUANA 28.5- \ FRANCISCO DR, EL DORADO HILLS EG1804467
DEPUTIES WERE DISPATCHED TO A REPORT OF FOUND MARIJUANA.

@ 1117 530 PC PERSONATE GET MONEY/ \ MERTOLA DR, EL DORADO HILLS EG1804430
VIA EDSO ON LINE REPORTING SYSTEM- VICTIM REPORTED IDENTITY THEFT.
V01 SEX=F VICTIM AGE = 0

@ 1147 594(A)(1) PC VANDALISM:DEFACE PRO \ HIGHWAY 49 , PILOT HILL EG1804431
VIA EDSO ON LINE REPORTING SYSTEM-GDRD REPORTED VANDALISM

@ 1300 28 VC REPOSSESSION \ WILD CHAPARRAL DR, SHINGLE SPRINGS EG1804476
REPOSSESSION

@ 1449 13700 PC DOMESTIC DISPUTE \ SHINGLE SPRINGS EG1804477
A FEMALE AND MALE WERE INVOLVED IN A VERBAL ARGUMENT.

@ 1515 28 VC REPOSSESSION \ SNOWS RD, CAMINO EG1804480
REPOSSESSION

@ 1845 13700 IN VERBAL DISPUTE \ POLLOCK PINES EG1804486
VERBAL DISPUTE

[Distribution of personal information related to juveniles, victims of Domestic Violence and\or victims of sexual assault is unlawful.]

Please Note: Arrests are made based upon probable cause. All are entitled to the presumption of innocence until proven guilty in a court of law.

[PRpond]

SHINGLE SPRINGS – An El Dorado County high school is mourning the loss of a student who was killed in a crash Wednesday morning.

The scene was off Ponderosa Road, near Meder Road.

Authorities say, around 6:05 a.m., a driver lost control of her car and crashed through a fence. The car then crashed into a tree and burst into flames.

The driver was killed in the crash. Authorities said it was a student on her way to Ponderosa High School.

Ponderosa High officials later sent out an email to parents, confirming that junior Hope Bist was killed in the crash.

Bist was a member of the girls’ varsity basketball team at Ponderosa High. Grief counselors are at the school and will be available for the time being.

Friend Tiffany Zink writes:  

"RIP Hope Bist. This is so heartbreaking that this happened and so unfair that you left so young. We will all miss you hope any one driving please be careful. There has been so many deaths between last year and this year and we don't need more. There have been so many younger aged people that have left us without experiencing life. So please, drive safe and be sure no matter what you let loved ones know you love them and care about them. You never know the last time you are gonna see someone you never realize how special someone is until they are gone."

An informal candlelight vigil is planned later on Wednesday at 7 p.m. at Sun Hills Church in El Dorado Hills, school officials say.

[PRpond]

The following people are on the arrest log of May 23, 2018, as reported by the El Dorado County Sheriff’s Department:

First Name    Last Name        Sex    
Date Booked    Status        Age
First Charges    Description of First Charges      Bail Amount

DUSTIN    CLIVE    ALBRIGHT    M
PP    20180523    INCUSTODY    23    E
14601.2(A)    M    DRIV:SUSP/ETC LIC:DUI:VIO    

BRANT    JAMES    ALEXANDER    M
PV    20180523    INCUSTODY    29    E
273.5    F    INFLICT CRPL INJ SP/COHAB    $50,000.00
ENHANCEMENT    F    ENHANCEMENT - FOR BAIL PURPOSES ONLY    $15,000.00

JESSICA    LYNN    BROBST    F
LT    20180523    INCUSTODY    36    S
1551    F    FUG JUST:WARRANT ARREST    $40,000.00

CODY    LEE    BROWN    M
PP    20180523    INCUSTODY    33    E
23152(B)    M    DUI ALCOHOL/0.08 PERCENT    

JOSEPH    WILLIAM    FARIA    M
PV    20180523    INCUSTODY    46    P
23152(B)    M    DUI ALCOHOL/0.08 PERCENT    $20,000.00
1203.2(A)    F    VIOL OF PROBATION    

CHRIS    ANDREW    FERGUSON    M
PV    20180523    INCUSTODY    38    E
14601.2(A)    M    DRIV:SUSP/ETC LIC:DUI:VIO    $45,000.00
11377(A)    M    POSSESS CNTL SUB    $45,000.00
14601.2(A)    M    DRIV:SUSP/ETC LIC:DUI:VIO    $135,000.00
DETAINER    F    DETAINER    

JOSE    PABLO    FLORES ECHEVERRIA    M
LT    20180523    INCUSTODY    40    E
243(E)(1)    M    BAT:SPOUSE/EX SP/DATE/ETC    

MARY    REBECCA    FOGLE    F
PV    20180523    INCUSTODY    32    E
DETAINER    F    DETAINER    
273A(B)    F    WILLFUL CRUELTY TO CHILD    $50,000.00

RANDE    DALE    FRANCIS    M
PP    20180523    INCUSTODY    43    E
1203.2(A)    M    VIOL OF PROBATION    

ALEX    ROBERT    HARROW    M
PV    20180523    INCUSTODY    21    I
23152(F)    M    DUI ANY DRUG    $15,000.00

JOHN    EDWARD    HIMLE    M
PV    20180523    RELEASED    55    E
14601.1(A)    M    DRIVE:LIC SUSPENDED/ETC    $10,000.00
14601.1(A)    M    DRIVE:LIC SUSPENDED/ETC    $40,000.00

BARRY    WILLIAM    JENNINGS    M
LT    20180523    INCUSTODY    35    S
647(F)    M    DISORD CONDUCT:ALCOHOL    $500.00
ENHANCEMENT    M    ENHANCEMENT FOR BAIL PURPOSES    $2,500.00

RUSSELL    LEE    JONES    M
PV    20180523    INCUSTODY    51    E
1203.2(A)    M    VIOL OF PROBATION    

DEVAN    GRANT    KLAUSEGGER    M
PV    20180523    INCUSTODY    38    E
1203.2(A)    M    VIOL OF PROBATION    

ELENA    LENORE    LEON    F
PV    20180523    RELEASED    40    E
14601.2(A)    M    DRIV:SUSP/ETC LIC:DUI:VIO    $15,000.00

JOSE    ALEJANDRO    MARTINEZ    M
PV    20180523    RELEASED    24    E
12500(A)    M    DRIVE W/O LICENSE    $1,000.00

JUSTIN    STUART    MCCARTHY    M
LT    20180523    INCUSTODY    41    S
1203.2(A)    F    VIOL OF PROBATION    

JUSTIN    EVAN    MILLS    M
PV    20180523    INCUSTODY    30    E
647(F)    M    DISORD CONDUCT:ALCOHOL    $500.00
148(A)(1)    M    OBSTRUCT/ETC PUB OFCR/ETC    $3,000.00

MEGAN    VIOLA    MURRAY    F
PV    20180523    INCUSTODY    30    E
530.5(A)    F    GET CREDIT/ETC OTHER'S ID    

STRATOS    ALEXANDER    RODETIS    M
PV    20180523    INCUSTODY    58    P
647(F)    M    DISORD CONDUCT:ALCOHOL    $500.00

JONATHAN    ROBERT    SHAPIRO    M
PP    20180523    INCUSTODY    24    E
23152(B)    M    DUI ALCOHOL/0.08 PERCENT    

JESUS    ALONSO    VARGAS    M
PV    20180523    RELEASED    46    E
1203.2(A)    M    VIOL OF PROBATION    $2,500.00
182(A)(1)    F    CONSPIRACY:COMMIT CRIME    $50,000.00

JAIMIE    LEE    WILSON    F
LT    20180523    INCUSTODY    28    S
243(E)(1)    M    BAT:SPOUSE/EX SP/DATE/ETC    $7,500.00
273A(B)    M    WILLFUL CRUELTY TO CHILD    $10,000.00

EDSO Actvity Log for

[Distribution of personal information related to juveniles, victims of Domestic Violence and\or victims of sexual assault is unlawful.]

Please Note: Arrests are made based upon probable cause. All are entitled to the presumption of innocence until proven guilty in a court of law.

[Kirk Callan Smith]

Here is what I’ve learned so far.

At a candidates’ forum in El Dorado Hills this past April, Dan Dellinger mentioned record requests he made related to those years of rumors of alleged harassment complaints made about Joe Harn and said the county blocked his request with the claim of attorney client privilege.

But that privilege can be waived by the client, the county. So I asked the current Chair of the Board of Supervisors, Michael Rinalli, who was at the same forum to do that. And then within a couple weeks I learned that several others had also made records requests for information related to the same subject.

There must, if I added them up, be about a dozen requests spanning at least two years. Each approached the topic in different ways to solve this puzzle and each was blocked. Troubled by the evasiveness, the apparent cover-up, I made an oral request on May 8th at a Board of Supervisors' meeting for he same information, incorporating by reference all requests made to date related to this topic.

I did because this looked like stonewalling, raising the attorney client privilege just as Richard Nixon became famous for doing in hiding massive crimes in the Watergate scandal. The County Counsel responded with a thoughtful three-page letter, including copies of responses given to some of those requests to date.

The excuses, or reasons, for not producing the records boil down to two: [1] the public interest exemption and [2] attorney client or attorney client work product privilege exemption. How those exemptions apply here were naturally not detailed for to do so might likely give away what is being withheld. If the information is not damaging, to any person, to the county, or to both, why not release the information?

Joe Harn says that all those things said in a series of grand jury reports about this topic are simply not true. So why not release all of these records and clear his name? It unfair to him not to release the records, to reveal all of the facts.A. Why not?

One possible reason is that it is a common practice for those paying settlements to solve pesky problems, like potential lawsuits, to do so on the condition that the amount of money paid out not be publically disclosed. Why? Well, let’s say, for example, that a party -- like a business or a county -- paid out $250,000 to settle a harassment complaint.

Those paying would not want that figure to be known because if it was followed by another complaint of that kind, the complaining person would get an idea about how much the potential defendant would be willing to pay. In addition, large payouts could encourage a rash of meritless claims. Ok, but is that the reason here? We don’t know.

A second common reason is that settlements sometimes include Non-Disclosure Agreements to hide things a party would not made public. It was hard after decades of horrible, despicable behavior to expose the Harvey Weinstein scandal and prevent more years of abuse because of those nasty NDA’s that allowed it to go unabated tragically so long. Weinstein example may not be typical necessarily but is used as an illustration because it is probably the best known example of NDA's that the #MeToo movement has made famous. Well, have Non-Disclosure Agreements been used by the County regarding these issues? We don’t know. We should not have to speculate, it’s not fair to Joe. He has unfairly been under a cloud with these rumors for years. And covering up the facts is certainly not in the interest of us votes, is it?

Kirk Callan Smith, 5-23-2018.
 

Replies:

Gary Coverdale: "There’s so many illegal things Joe has hidden in his closet...all true! I’ve seen many with my own eyes being the Assistant ?IT Director at one time. He went after me! He’s paid off many women! He’s alterered hiring documents (still have the proof locked away at my attorneys). He is the ultimate political bully! He is scum!"

Jeff Miller: "Kirk Callan Smith...Though there are probably cases out there that fit the criteria you noted above, there is a third truth.. Most of the individuals that have gone out on stress, left the County government, filed complaints ,etc.and have not filed a complaint against Harn for fear of retaliation and the almost 100% possibility of losing. They have the option to file a complaint, but Instead they go out on stress and share their reasons with their doctor or counselor."

Kirk Callan Smith: "I don't want to speculate about the rumors but I do want facts. If you do as well you can ask each supervisor to see to it that all of the requested records are made public, You could also ask them - How can keeping information from voters that they need at this time possibly be in the public interest? You can ask them all to free Joe Harn, clear his name, release the records."