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11/01/06
A Chief of Police is Not A Grant Writer
(What will city report to
the grand jury?)

This
city used to employ a professional grant writer. That grant writer was
fired (excuse us, "let go") in June with the other mass
firings (excuse us, "mass lettings go"). Now we have a police
Chief that everyone is going to great pains to say was not
"fired" but instead is being reassigned.
But
reassigned to what job? As widely reported to the media, former Interim
Police Chief Walter McKinney will now be a city grant writer.
A
Chief of Police is NOT by profession a grant writer. Those are not his job skills
and even if he has an idea of how the process works from his time
working with the city's former professional grant writer, we
question if he has the qualifications for the job.
This
city has just answered grand jury recommendations, one of which was
that people should not be hired for positions they are not qualified
to fill. The city's answer to the grand jury was that city jobs will
no longer
be given to those that do not possess the qualification for the job.
On
the grand jury question, city hall will tell you McKinney is no
longer an employee (but also was not fired) and has been retained as
an independent contractor (a consultant perhaps - can we see the
contract please?).
The
questions remain, consultant or employee aside, is he qualified to
write grants? If we need a grant writer, why did we fire our
professional grant writer?
This one does not smell right.
Explanations are in order, real explanations.
10/31/06
Distorting the Record
Three
deceptions have been foisted upon our city in the last couple of
weeks. They need to be pointed out.
Deception
No. 3
City
hall reported to the media that several people had come to city hall
and "pulled recall papers" on Mayor Alex Bias. Let's be
very, very clear on this: No one goes to city hall to pull recall
papers. That is NOT where you get them. City hall does not supply
recall papers. City hall knows that.
It
was an outright deception by city hall. The impression that was left
was that a recall of the Mayor had been started. The press heard the
rumor created by city hall and ran with it. It was a blatant
deception by city hall.
Deception
No. 2
City
Hall reported to the media that it had received many calls from
people that were upset with the Mayor. We do not doubt city hall
received such calls. But what city hall did not report was that it
also received several calls of support for the Mayor.
We
have since been contacted by several people asking us this specific
question: Why didn't city hall tell the press about our calls of
support for the Mayor?
Deception
No. 1
The
law firm of Aleshire & Wynder was selected from 10 finalist to
be the city's law firm. After selecting the firm, the council
instructed the city manager to begin negotiations with the firm over price. Then city
hall said "Negotiations had broken down" leaving the
impression the city and the firm could not come to terms over price.
Price
was not the issue. There was a serious conflict of interest. The
firm had to withdraw when that conflict was revealed in a series of
articles in a local newspaper.
“The
city of
Desert Hot Springs
has a lot of potential, and it is a major disappointment that we
cannot serve them,” said David Wynder, Senior Partner of Aleshire
& Wynder. “Due to the fact that we represent Carson, it
creates a conflict of interest.”
Why
didn't city hall give the real reason the law firm of Aleshire &
Wynder withdrew from consideration? With such an obvious
disqualifying conflict of interest, how did they make the final cut?
10/19/06
Open The Process. Avoid The Blunder
Another avoidable
city blunder over attorney selection
See
if this sounds familiar. The city fails to do its homework and then
the local news media doing a little digging finds a major
problem with someone the city has selected for a key position. Last
time it was David Lane, Candidate "A" for the job of city
manager. This time it is the new city attorney.
Despite
Mary Stephens's quote in the Desert Sun that the process was
extensive - Stephens actually said "it was a very through
process" - we find out she was again "wrong" to put
it mildly. How "extensive" can it be when they picked the same law
firm that our current city manager, Ann Marie Gallant worked with
while she was one of the city managers of Carson City and a city sued?
Is Mary
Stephens lying to us, just technically not telling us the truth
by withholding this very important information?? Or was her
search not so extensive as she said.
This
time it was not the Desert Sun or FODHS that found this lie..., it was the Desert
Local News!
There
is a problem with a major conflict of
interest that has caused this law firm to withdraw. They can not
represent the city of Desert Hot Springs and the City of Carson at
the same time because our current city manager, Ann Marie Gallant
sued and worked for the city of Carson creating a major conflict of
interest.
Here
is the real problem
If
the process was open as FODHS said it should be throughout the
entire time the city was looking for an attorney, the process would
never have gotten to the blunder stage. The name would have been
public and the conflict revealed. Why do Hank, Mary and now Yvonne keep making the same
embarrassing mistakes? Because they keep following the same pattern
of making major decisions illegally in closed sessions.
Their
actions once again lands our city in a bad light.
There
are those (DHS Chamber of Commerce) that have said recently that we
should take these concerns to the parties involved to correct the problem. That we should not first publish
them here on this site.
FOR
THE RECORD (and To Dan Gibbons)...
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FODHS did go to the closed council session
meeting to speak during the public comment session. No
cameras. Just us and Hank, Mary, Yvonne, the city manager and
city staff. We told them the selection of a city attorney was
illegally taking place and that even if they thought it was legal
what they were doing, it should be in open session. |
WE told Hank, Mary and Yvonne
(QUIETLY) that
they were making a mistake They
did not listen to us. You judge what the results are.
To
the Chamber of Commerce president, Dan Gibbons, we ask, can you get
them to change their ways? Do you have a suggestion for another
approach? The one you suggested did not work. They still went
headlong into another embarrassing blunder, even when it was pointed
out to them in advance.
Offer
another suggestion but don't blame us for
reporting it now. If council members
Yvonne, Hank and Mary choose to blindly go forth and break the brown
act laws after we warn them not to do it, and therefore causes yet
another embarrassment for our city, all after we warned them, we
will not keep it secret.
In
the pre FODHS days, everyone (including the Chamber of Commerce)
just ignored the illegal actions, some of which caused the city to
become bankrupt and to sign an asinine contract with past city manager,
Jerry Hansen. Sorry, but we will not let that happen again by not
reporting what we know.
10/18/06
We
are a City still without a City Attorney
Our
city could not agree with the legal firm chosen per last nights
council session announcement because of failed contract
negotiations. The council will continue to deliberate on a
second (third or fourth or fifth?) choice.
Maybe the current illegal behavior by Yvonne Parks, Mary Stephens
and Hank Hohenstein is causing the selected legal firms to
charge an additional "Woke Up Stupid" premium for their
contract (fixed price) services. How much more will these
council members continue to cost the city by their embarrassing
actions?
10/11/06
Nothing Open About
It

Aleshire &
Wynder - City Attorney
A
few days ago we
learned the name of the new law firm. Tomorrow we learn how much
that law firm will be paid. Never did the public
have any input or so much as a glimpse of the process.
In the coming days we are sure we will learn more about this
contract with the new city law firm.
-
How
much will they be paid?
-
How
long is their contract?
-
How
many hours a week will they be required to be on site at
city hall?
-
How
many hours will they work under a monthly retainer and when do
billable hours kick in?
-
What
extraordinary work will constitute other billable
hours?
-
Will
representation in litigation against the city cost
extra?
-
Is
the firm experienced in litigation (actual court room
time)?
-
Or
will the city have to hire separate trial attorney's? And
if so, will those attorney's be contracted separately or
will billing be through the new law firm?
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These
are some of the questions we have, questions we will answer for you
when we get them. Those are questions that should have
been asked and answered in public before any contract was signed.
CLOSED
MEETINGS MAY BE HELD FOR:
-
Personnel
-- Only to discuss the appointment, employment, performance
evaluation, discipline, complaints about or dismissal of a
specific employee or potential employee (? 54957). The employee
may request a public meeting on any charges or complaints.
But closed sessions are
NOT ALLOWED for discussing:
-
general
employment
-
independent
contractors not functioning as employees
-
salaries
-
the
performance of any elected official, or member of the board
-
the
local agency's available funds
-
funding
priorities or budget
The
city council, the three of them that conducted this business in
closed session, relied on this: They say they did not violate any law
because they had the City Manager negotiate the contracts.
Do
we detect someone waking up stupid here???
Does
this all sound familiar?

Contract(s) Anyone?
.
09/20/06
Wrong Meeting Cancelled
Council closes open meeting
for sake of secret closed discussions
From
the Desert Sun: "Deliberations over naming a new city
attorney caused the city manager to cancel Tuesday's regular
open City Council meeting. Ann Marie Gallant said she called
off the meeting so the council could focus exclusively on
choosing a new city attorney."
Translation:
The open council meeting has been cancelled over
discussions being held in closed session, discussions that
rightfully should be held in open session. In other words,
it's
not the open council sessions that should have been cancelled.
It is the closed sessions that should have been cancelled.
Let
us be more blunt. With the shenanigans taking place between
council members and legal firms wanting to represent this
city, the process to hire and/or secure a new legal team needs
to be out in the open.
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09/07/06
Sometimes
You Can't Say It Any Better
"He
wants us to let him slip out the back door quietly while he points
his fingers at others for his mistakes."
We
direct you to the pages of Desert Local News
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