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),"#000000" 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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