PERB and Public Entities
Public Employee Relations Board
"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.
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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.
(2)
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
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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.
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PERB: Who
Controls San
Diego Public
Entities?
PERB Does!
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.
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.
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.
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
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San Diego
Education Report