PERB and Public Entities
"Sometimes, people who do not have the best interest of the community at heart are in control of
public entities."*
*Quote at the top of the
page:

This is a paraphrase of  San
Diego City Councilmember
Jim Madaffer's 2005 words
about the San Diego City
Airports Division, but I'm
working on a list of others
who have also made this
observation.  It's a comment  
that's been made again and
again.
The California Public Employee
Relations Board is officially
known as "PERB."   It is
supposed to make sure public
agencies follow the law with
regard to their employees.

Sometimes PERB enforces the
law.  Sometimes it doesn't.

PERB appears to be completely
under the thumb of California
Teachers Association.  This
might not be surprising given
that Bob Thompson is its
general counsel, but even
Republicans like John Duncan
hide their heads in the sand
when CTA breaks the law.  Of
course, his motive for doing
this in the Maura Larkins case
was to protect the Republicans
who acted in concert with CTA.
San Diego
Education Report Blog
The San Diego
City
Attorney's
Office Under
Mike Aguirre

Many, perhaps most,
public entities
have over
time surrendered to the
tendency to become rigid
bureaucracies, hence the
familiar acronym  
"PERB."
(PUBLIC ENTITY= RIGID
BUREAUCRACY)  

These institutions tend to
lose track of their original
purpose, and they end up
devoting most of their
energy to simply
maintaining the institution
for its own sake.  
The San Diego
Regional Water
Quality Control Board
used to be "more
concerned about avoiding
confrontation with
polluters than enforcing
clean-water laws," says
Laura Hunter.
Link to SDUT article:
S.D. water-quality board
goes from "worst to best."
Why Does PERB
Refuse to Comply with
the California Public
Records Act?

Maura Larkins made an
appointment to see PERB
files, and drove to
Sacramento to see them.  
PERB General Counsel Bob
Thompson falsely stated
that documents Maura
Larkins wanted to see were
at the state archives.  Maura
Larkins has learned that the
state archives do
NOT store PERB
files.  
PERB does!
"The anger in
Sacramento is as
much about
administrative
arrogance and the
surreptitious way
perks were handed
out...as it is about the
sums involved...The
university is promising
to be more
transparent."

San Diego Union Tribune
Feb 9, 2006
Peter Shrag article (from
The Sacramento Bee)
Secrets in Government Agencies
Protecting
Lawyers Who
Blow the
Whistle
March 2006

Fran Pavley has introduced
a bill
(AB 1612) to protect
lawyers who blow the
whistle to law enforcement
officials when governments
commit serious criminal
breaches of the public trust.
CVESD
Violations of
Public Records
Act
These Agencies
Cleaned Themselves
Up (1)
March 2006
Terry Francke* suggests a
per-day fine for "whatever
period a public agency denies
access to a clearly public record."

Perhaps if this policy were law,
Susan Fahle of CVESD would
have provided Maura Larkins
with the documents she
requested a year ago about how
much Daniel Shinoff has recently
been paid for representing the
district.
*Terry Francke, general
counsel for Californians
Aware
www.calaware.org
PERB: Who
Controls San
Diego Public
Entities?
PERB Does!
San Diego City Airports
Division
http://www.signonsandiego.c
om/news/metro/20051116-9
999-2m16means.html



The current City Attorney,
Michael Aguirre,  is shaking
things up substantially,
enforcing the law rather
than maintaining
bureaucratic connections
with those who have given
away incredible amounts of
taxpayer money, and taken
taxpayer money, in
furtherance of a plan to
conceal huge budget
problems.
These
Agencies
Cleaned
Themselves
Up (2)

However, it is not fair to
apply this stereotype
automatically to every
public agency.  Surely no one
would accuse the City
Attorney's office of San
Diego of being a rigid
bureaucracy.  
Mike Aguirre
Clean Up
contd.
The Law Says
the Public has
the right to
investigate and
discuss public
entities, but this
judge thinks
otherwise
Judge Judith Hayes
ordered in August 2009
that this writer, Maura
Larkins, not write about
the actions of public
entity lawyers Stutz,
Artiano Shinoff & Holtz if  
those actions were
unethical, illegal,
intimidating or
incompetent.  Yes, you
read it right.  

It's an odd ruling, isn't it?
 
Since Judge Hayes has
found certain actions of
Stutz to be unethical
and/or illegal, it would
appear that she has the
obligation to report Stutz
to the bar association or
district attorney.  

The judge has
apparently committed
the court to
hiding any
unethical or illegal
behavior
on the part of
these public entity
lawyers.

Earlier in the Stutz v.
Larkins defamation
case, the judge refused
to allow defendant
Maura Larkins to
depose plaintiff Daniel
Shinoff.  The judge also
nixed the idea that
Plaintiff should produce
documents.

There is no explanation
for Chula Vista
Elementary School's
actions in the Maura
Larkins case other than
their reliance on
Kathleen Elton.
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Housing Commission
CEO: No Evidence of
Illegal Dumping
Rob Davis
Voice of San Diego
June 16, 2010

The San Diego Housing
Commission
acknowledges that
it
may have improperly
dumped lead waste at
the Miramar Landfill for
the last decade.

Rick Gentry, the San
Diego Housing
Commission CEO, told a
City Council committee
today that his agency
has no evidence the
agency illegally dumped
hazardous lead waste
during the last decade.

"Regardless of what the
allegations may have
been, whether there was
truth to them or not, we
haven't seen evidence
that there was," Gentry
told the council, during a
presentation that lasted
barely five minutes.

But the commission
doesn't have evidence
that its contractors doing
lead paint remediation
projects legally dumped
waste. It doesn't know
either way, and it should.
And that's why this is an
issue to begin with.
..
San Diego Education
Report