Meandering
Thoughts

Robert Springer  -  Paula Deel  -  Vickie Paulsen
Jack Unger  -  Larry Clark
    Instead of standing up and protecting the community's Rights as they had promised, the Newberry CSD board cowardly surrendered the Rights.  The CSD is further endangering the lives of Newberry Springs' citizens, especially the fragile elderly and the vulnerable young children, to carcinogenic silica dust.

Posted: August 10, 2020
Newberry Springs Community Alliance
by Ted Stimpfel

Battle Cry Preface

    Yeah, I'm writing this because I am with those who are pissed !!!   And you should be too !  The CSD board has figured that a couple hundred thousand dollars in their self-serving pocket is worth devaluating all the land value in Newberry Springs and shortening the longevity of our lives.  What the hell are these people doing in public office ?

First, a little warm-up.

    One of the great rewarding parts of writing a blog is the warm feedback from readers who respond with an appreciative communication or a simple "Like" on Facebook.

    With my recent blogs on the CSD's Judas betrayal, I have received some negative feedback from a couple of diehard supporters of the CSD's board members and the General Manager, Jodi Howard.  They hate the CSD's actions being publicly exposed.

    If it wasn't for this Website, little information about what the CSD tries to hide would be publicly known.

    While trollers flame this blog site on Facebook and through e-mails, they can't seem to absorb enough of it.  They are drawn like moths to the fascinating light of brilliance.  They are among this site's loyal readers.

    Most readers want to know about the impacts that the Newberry CSD has upon themselves and their community.  Despite being a governmental agency, the CSD often operates as a secret cult trying to suppress knowledge of its innermost sanctum.

    I believe that the desire of my readers to want to learn about the Newberry CSD marks my readers' intelligence as being on a higher plane than those who want to quash the knowledge.

    When it comes to the educated vs. the uneducated, one side is never going to win over the other.

    Recognizing this fact, when it comes to the argumentative uneducated, I don't waste time nor space giving them a forum for their quarrelsome nonsense.  I pull-the-plug on the Facebook trollers.  Yep, I don't consider stupidity Free Speech.
 

The Daggett Solar Power betrayal.

    The fact that all five of the Newberry CSD directors agreed to betray the Newberry community is shamefully astonishing!

    The additional fact that there are a few residents in the community that still foolishly support these cowardly CSD board members, who hide behind closed session meetings, is equally distressing.

    The Newberry CSD board has collectively given away huge portions of the residents' investment in Newberry to foreign solar developers and the board is now literally risking the residents' lives.  Yet, the board still has self-serving supporters.
 

Labeling

    One big problem in writing a blog that deals with local political issues is how do you describe your neighbors who hold political seats and who do really dumb things.  You do not want to call them names nor use unsavory language but how else does one accurately describe Homer other than calling Homer for who he is, Homer.

    The CSD's unanimous decision to drop the Daggett Solar Power litigation has got to be the all-time dumbest decision ever made by any County special district.  It doesn't get any more retarded than that.

Opinion

    Note:  As a legal layman, the remaining paragraphs in this blog are only my non-expert legal opinion.

    I believe that not only should the CSD get its legal fees returned, I believe that it should seriously consider suing their attorneys for legal malpractice and recovery of damages.  The matter appears to have been seriously mishandled.

    Even if the board was going to betray its promise to the community to fight the solar project, the board should have easily acquired millions of dollars in available community mitigation funds for the CSD and its under-compensated Fire Department that needs far better support.

    Instead, the inept board members settled for peanuts.  Why would any competent attorney allow a client to do that ?  Who were the CSD's attorneys actually working for ?

    The CSD attorneys are smart, professional litigators who apparently saw an opportunity in their clients.

    This doesn't smell right !

    In much earlier blogs, the Kiewit Pacific funds that the CSD board members still manage has been described at length.  In a capsule, the community was given approximately $350,000 in cash, and nearly $1-million in road improvements, as mitigation for a small quarry that went in (and is now closed) south of the intersection of National Trails Highway and Fort Cady Road.

    The Daggett Solar Power Project will have over 100-times greater negative impact upon the Newberry community and its residents than the Kiewit Pacific mine.  In its limited wisdom, the Newberry CSD has settled for only a fraction of the Kiewit Pacific settlement.

    Go figure upon the brilliance of these pictured CSD cowards, President Robert Springer, and directors Paula Deel, Jack Unger, Victoria Paulsen, and Larry Clark, who were seriously out-maneuvered like nitwits !  They should be banned from ever holding public office.

    With all of the prior information and warnings that the CSD board had received beforehand, over many months, they still couldn't follow the simplest road map and do it right !
 

CSD Supporters

    As pathetic as the CSD's solar management has been, the CSD's supporters have been cut from the same cloth.

    These are individuals who have been absent through the years of the Daggett Solar Power Project's permit process.  They appear to be totally ignorant of the history of what has transpired, yet they have come out bitching and moaning on social media like cry babies in support of the CSD's community betrayal.
 

Attacking the reporter.

    I have been attacked through social media for not having filed litigation against the County myself.  Well, that was being seriously considered by me and others as a fallback Plan B.

    I did not like the idea because no unelected individual can represent the community, only himself.  The case matter was also considered to be far more encompassing and stronger before the court if a major community organization addressed the matter.

    The Newberry CSD board members, as an elected group of individuals representing the community, were the strongest and the most logical group in Newberry to address the matter as plaintiffs. 

    As I repeatedly suggested to them, the board members as a separate body using the discretionary non-public Kiewit Pacific funds, should fully pursue the County and Clearway.
 

The dishonorable CSD board members
and their crime
.

    When the CSD board members stepped in and promised to represent the best interests of the citizens of the community, it was felt that additional competing legal filings by individuals would not be beneficial, and could be detrimental.

    The community's Friends of Newberry Springs ("Friends") was included in the litigation as a co-plaintiff with the CSD.  No matter how the Friends got into the filing, the community's Friends was a fully recognized private co-plaintiff once the pleading was filed.

    The Friends is a community group representing hundreds of Newberry residents and is not a part of the CSD.  The Friends was accurately described in the filing as the community's body of residents.

    Despite the publicly stated allegations by Director Jack Unger at a CSD meeting that he alone was the "Friends," the CSD and its board members can not legally be directly associated with nor be a part of the Friends due to a conflict-of-interest and not having authority under LAFCO (Local Agency Formation Commission).  Jack Unger's sleazeball weaseling to position himself as being solely the Friends appears to be contrary to the law and a brazen fraud upon the court.  Could this be a criminal act by Unger and the other directors ?

    It does get convoluted.  There are the Friends, represented solely by Jack the Weasel's allegations and abetted by the CSD and their attorneys for the "optics" of fooling the court, and then there is the original Newberry community's Friends as properly and fully defined in the court filing.  A good T.V. soapbox couldn't be written with more skulduggery drama better entwined.

    Contrary to the CSD, the Newberry community's Friends did not want any settlement.  And Jack the Weasel's statements that the community would be very happy with the CSD's solar power outcome couldn't be any loonier.

    So, it is a mystery as to how the arrogant CSD thought that it had the authority to secretly and maliciously go before the court and have the court drop the community's Friends from the litigation without ever notifying the community.

    As Jack Unger publicly stated, the Friends were welcomed and placed as a co-plaintiff to show the community's support for the CSD.  The CSD can not remove a private plaintiff just because it wants to later pursue an unpopular settlement.

    With the Friends removal (without the Friends knowledge), the CSD then immediately and secretly settled the litigation without any resistance from the Friends.

    This appears to be an extremely serious tort by the CSD in removing the community's Friends of Newberry Springs from the litigation through overt deception.

    The settlement is already creating damages of great anxiety and mental anguish to some residents who are fearful of property devaluation and future physical health damage, all of which were forecasted, published, and made known to the CSD board and its attorneys months before the CSD's backstabbing.

    The betrayal settlement was all secretly, quickly, and maliciously done by the CSD board, prior to a scheduled court hearing, so that the residents who held the highest interest in the outcome would not have knowledge of the settlement and could not intervene in time before the court to protect themselves.

    It was a traitorous gamesmanship ploy by the treacherous CSD board and its attorneys to bypass the critical interests of the Newberry community.


Gross Deliberate Misconduct.

    I suspect (as a legal layman) that the gross deliberate misconduct, in which the individual board members maliciously acted to obstruct the residents' participation, was far outside the scope of their strictly defined CSD duties.

    Under California law, the board members may have voided their immunity from civil prosecution and personal liability by stepping far beyond their protected board actions.  By secretly dismissing the Friends from the litigation, each board member might now be liable for the resulting damages to the community.  They may have exposed their personal assets and may have opened the door to punitive damages.

    One plaintiff can not unilaterally remove another without consent, and under the law, the CSD appears to have no authority over the private plaintiff Friends.

    It appears obvious to me that the CSD and its attorneys fully recognized the Friends as a formable obstruction to acquiring their settlement so they turned to subterfuge.

    The CSD's secret removal of the Friends from the litigation, just before the settlement, fully demonstrates the CSD's concern of the legitimacy of the community's Friends in the litigation; and that the CSD held full knowledge that the Friends did not want a settlement as verbally stated and repeatedly hammered at public hearings before the board and repeatedly published in this news blog site.
 

Potential litigation.

    I have heard that some residents are so mad at the CSD's betrayal that they would like to file a civil action against the CSD, its individual board members, its General Manager, Jodi Howard, and others.  The largest pocket of these uprising residents appears to be located near Minneola Road.

    As I was repeatedly taunted by one recent Facebook flamer that I had not done enough legally myself (heck, I am only a single resident who has done far more than most and the accuser has done nothing), I am now responding to that charge by sharing my above thoughts.

    Perhaps a limited class action against the CSD, its individual board members, its management, against the County, against Clearway and its conspirators (including Edison), should be explored.

    Anyone interested in exploring a possible legal action is welcomed to contact me through newberrystrong@mail.com.  If legal action is ever filed, only those participating may receive a benefit.

    Traitor Paula Deel needs to be run out-of-town this election. 
    Her diabolical efforts brought Vickie Paulsen and unfit Jack the Weasel onto the board for a mutual voting block that supported the disastrous solar settlement.
    Turncoat Paula Deel intentionally broke her promise and screwed the community.
    Yet, she now displays the terrible arrogance and the audacity to run for reelection !
    The question is, how much more of Paula Deel's politics will Newberry's voters tolerate ?

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