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HomeMy WebLinkAbout09.0- Public Comment I San Bernardino City Council meeting Public Comments; April 21, 2014 Notes: • California Constitution: Bob Nelson,Hesperia, "A law may not restrain or abridge liberty of speech or press." — A footnoted copy of my remarks is attached to my Request to Article I,Section 2(a). Speak Slip. "Persons...may not be deprived of life,liberty,or property Regarding this city council's felonious abuse of our state's [including intangible property]without due process of law"—Article I. Sunshine Law,the Brown Act,at your last meeting. Section 7(a). A Sun article of April 9h,"Early cutoff draws criticism", "I„ do solemnly swear or affirm that I will support and defend reported incorrectly that Mayor Davis was acting"in line with the Constitution of the United States and the Constitution of the State state law"when he closed testimony at your last city council of California against all enemies,foreign and domestic;that I will meeting regarding"unacceptable conditions at the city's animal bear true faith and allegiance to the Constitution of the United States shelter"before all wishing to be heard had the opportunity to and the Constitution of the State of California;that I take this speak. obligation freely,without any mental reservation or purpose of The Brown Act,paragraph(b)of Section 54954.3,does evasion:and that I will well and faithfully discharge the duties upon authorize local government bodies to quote,"adopt reasonable which I am about to enter." —Article XX,Section 3: regulations ... limiting the total amount of time allocated for public testimony on particular issues." • The Ralph Brown Act,Section 54954.3. Public testimony; However,paragraph(a)authorizes any member of the public requirement at t r regular meetings: to address any matter on a public meeting agenda,including "(a)Every agenda for regular meetings shall provide an opportunity Public Comments. for members of the public to directly address the legislative body on Thus imposing that time limit on speech to this matter was any item of interest to the public,that are within the subject matter unreasonable because the limit failed to provide opportunity for jurisdiction of the legislative body,provided that no action shall be everyone wishing to be heard on the matter to speak. taken on any item not appearing on the agenda unless the action is This was a clear violation of paragraph(a)of the Brown Act, otherwise authorized by subdivision(b)of Section 54954.2." as well a violation of the free speech provision of the First "(b)The Legislative body of a local agency may adopt reasonable Amendment,the due process of law provision of the Fourteenth regulations to ensure that the intent of subdivision(a)is carried out, Amendment,and your individual honor oaths of office obliging including,but not limited to,regulations limiting the total amount of each of you council members and mayor to"well and faithfully" time allocated for public testimony on particular issues and for each protect and defend our right to free speech against abuse by individual speaker." yourselves acting collectively. • California Attorney General John Van de Kamp,"Open Meeting And while it is only a misdemeanor to violate the Brown Act, Laws",AG Office, 1984 page 25: as then-State Attorney General John Van de Kamp once pointed out,"because meetings usually require the concurrence of more "Although the[Brown]Act itself only provides that a known violation is a misdemeanor if action is taken,under some than one member"the possibility that a felony conspiracy in circumstances a violation may also be a felony. If a conspiracy to violation of PC 182 occurred"will be present in many commit a misdemeanor occurs,it can be a felony.(Penal code Section instances." 182.) ...because meetings usually require the concurrence of more Absolutely closing testimony on this matter with speakers still than one member,it would appear that the possibility that a waiting to be heard was one of those felonious occasions. conspiracy will have occurred will be present in many instances." Imposing a three-minute limit on individual speech for each Sun article of February 7, 1995,"S.B.Council limits time for agenda item at every meeting is also a felony because the limit is speakers";Richard Brooks: unreasonable. "The new rules seem legal,said City Attorney James Penman. But A jury refused to convict Mr Larry Singleton of disturbing he warned against the underlying three minute rule,which replaced your city council meeting of May 17, 1994,by refusing to yield the old five-minute limit nearly a year ago."It may be illegal,"he said this rostrum after his allotted three minutes had expired. of the three-minute-per-item limit." Your previous City Attorney James Penman warned this council that it's three-minute rule"may be illegal",according to Sun editorial of September 18,2004,"Supervisors too harsh on critics the Sun of February 7, 1995. /OUR VIEW:Prosecutors find no room to crack down on those who And County DA Michael Ramos dismissed a case filed on a violate the three-minute rule": breach of a three-minute rule at the County Board of "Prosecutors have conceded Nelson committed no crime by refusing Supervisors' June 29,2004 meeting because,the Sun of to yield the speaker's podium after his three minutes were up...After September 18n'that year reported in an editorial,"essentially"the reviewing a videotape of the meeting,Deputy District Attorney defendant did nothing wrong in refusing to yield the rostrum Timothy Dixon said Nelson essentially had done nothing wrong... after his three minutes had expired. The decision to drop the misdemeanor case...is a vindication of his Council members,Mr Mayor,your honor oaths of office right to free speech[and a]validation of Nelson's legitimate right to oblige you each to"well and faithfully"protect and defend our dissent." right to free speech at these meetings. Please do so;"well and faithfully". Bob Nelson 15381 Wells Fargo St Hesperia,CA 92345 v(l/ P_�44,� Ephemeral Press, April 8,2014--- NON SEQUITUR i 'fNINK tT M6AN5 We do not have a free press WSS-r in San Bernardino County! - __ ANI) No law enforcement agency,or county district attorney's office, or attorney general in our Nation enforces the First Amendment. fDOWkD The only thing an official presiding at a public meeting has to RAY, worry about in abridging free speech is the media;the sole v °N guardian of our free speech and free press.As long as the media i doesn't care,our public servants may do as they wish to '' l discourage unwelcome speech during the public meeting process. B_ Following are ten points,each confirming that we do not have a free press here in San Bernardino County: 1) If we had a free press,the following list of 159 arrests of free speech during a public meeting in this county,unjustified in the DA or a Jury's opinion,would have ended at the first,or perhaps the second unjustified arrest. 2) If we had a free press,our county judiciary would not be responsible for surely the harshest sentence for this"small fine" 4) If we had a free press,the meeting rules authorizing those 159 offense in our Nation's legal history:six months in the county unconstitutional and unlawful arrests of free speech yet protected jail—not counting the illegal one year sentence,twice the by the First Amendment and yet authorized the right of exercise maximum sentence for this class of misdemeanor,subsequently by section 54954.3 of the Ralph M.Brown Act,in the DA or a reduced to 30 days. jury's opinion,would not still be on the books. 3) If we had a free press,the San Bernardino County Sun's 5) If we had a free press,the 2012-2013 County Grand Jury editorial opine of July 8,2000 calling"fair"that illegal one year would not have gotten away with ordering a local government sentence for this"small fine"offense,passed at an agency to begin using a set of meeting rules repudiated by the unconstitutional ex parte hearing,for activity of speech the DA California Supreme Court,In re Kay,because of First would finally concede was not a crime,after all,would have Amendment conflicts:Robert's Rules of Order. produced editorial outrage by the other media guardians. 6) If we had a free press the written standing orders for the The California Supreme Court,in it's touchstone case on First sergeant at arms post at County Board of Supervisors meetings Amendment protection of the public meeting process,In re Kay, 1 would not require any individual arrested for this"small fine" Cal.3d 930,called the four month sentence before it"far more offense of unlawfully disturbing the meeting to be transported to severe than any we have been able to discover in other the West Valley Detention Center for a"book and release" prosecutions for disturbing a meeting."This offense,due to First summary punishment of a day in jail.Unless they have been Amendment consideration,said the state Supreme Court is arrested before in which case they"shall"be held on bail. "generally penalized by no more than a small fine."The average of the six sentences handed down by San Bernardino County 7) If we had a free press,the County Board of Supervisors would judges is four months and three days.And the highest fine have ceased enforcing their three-minute rule after DA Michael imposed for this"small fine"offense,to date, was$1,040. Ramos,with the dismissal of a 2004 case filed on a breach of the three-minute-rule by near two minutes,finally conceded such activity of speech was not a crime,after all.Instead,the Board Sentences for PC 403 Public Meeting Disturbance continues to impose this three-minute limit. Convictions in San Bernardino County,1989 to date Case Sentence 8) If we had a free press,the Board of Supervisors would not 1. People v Bob Nelson,MSB-059334 1990 45 days consistently respond with silence to the question of how long a P ( )"""" y* speaker can address an agenda item without fear of arrest. 2. People v Jeff Wright, MSB-012817(1996)............180 days P g 3. People v Bob Nelson,MSB-030952(1997).............385 days** 4. Amended to ...............30 days 9) If we had a free press our County Board of Supervisors' 5. People v Bob Nelson,MSB-079616(2004).............30 days meeting agendas would not impose on speakers,without actually 6. People v Bob Nelson,MSB-804723(2008...............90 days*** adopting it as a meeting rule,the unconstitutional Robert's Rules * This was Mr Wright's only conviction out of at least 83 public meeting of Order provision demanding remarks from the rostrum be arrests in San Bernardino County between 1993 and 2003,for which,counting a addressed only to the supervisor holding the meeting gavel. subsequent sentence for violating probation by speaking off point at a public meeting,Mr Wright spent over a year in jail. 10) If we had a free press,the following Opinion letter submitted ** This sentence for twice the maximum legal sentence,after a bit of media to the Sun,and previously submitted to the Daily Press,which attention,was amended to 30 days. also declined to print it,would have been printed.Or the concern *** Suspended on completion of 3 years probation and payment of$1,040 fine. expressed would have been reflected in an editorial.Or both. Bob Nelson April 2,2014 15381 Wells Fargo St Hesperia,CA 92345 Frank Pine,Editorial Page Editor Attached:My presentation at that meeting San Bernardino County Sun, Dear Mr Pine, Bob Nelson,Hesperia, Our so called free press,both the Sun and the Daily Press, Incorrectly,the Sun's article on the County Board of Supervisor's declined to print the following letter regarding a proposed revision special meeting of March 26d,"Board Considers Changes to the to the County Charter,submitted on October 8 of last year. Charter"suggested the meeting was attended by"only three Quote,"In revising our County Charter we should make the members of the public"who"for the most part ...,opposed any County Administrative Officer an elected position,as provided for changes." by state law. Actually,one of those three,me, suggested a major change to Presently we trust our County Supervisors to appoint our our present County Charter's Section 302, "Elected county CAO's. We shouldn't. officers." My comments,copy attached,suggested that the list of Five of the Supervisor's last six CAO appointments suggest a county offices to be filled by election be enlarged to include, prime factor in Board approval of a CAO is the CAD's besides the assessor,sheriff,district attorney,county supervisors, willingness to go along with a"culture of corruption". auditor/controller and superintendent of schools,the county Beginning in 1986,the Board allowed the now confessed administrative officer. Our county supervisors have increased the felons Harry Mays and then James Hlawek to feloniously abuse duties of this county employee in recent years to the point where, the CAO office for a dozen years. as Supervisor Gary Ovitt pointed out during that special meeting, The next two CAO's,Will Randolph and Wally Hill each quit the CAO's duties are more the duties of"chief executive officer", in disgust rather than go along with such a culture of corruption. the most powerful position in a corporation. The fifth CAO,Mark Uffer,refused to go along with the It would be a service to the people of this county to correct culture of corruption until the Board foolishly fired him.He then this substantive error in your report on that special meeting, successfully sued the County for wrongful termination. perhaps by printing the following Opinion letter to the editor,or at And our present CAO,Gregory Devereaux,would have least a correction to that article—though an editorial would seem trouble being elected CAO with his unconstitutional belief in how justified.If nothing more,it would be a notice to the supervisors local government bodies should make their decisions,as quoted in that there is,after all,still a free press in this county. the Sun of February 15,2010.Quote"Council meetings are Left uncorrected,the substantive error in your article on this business meetings of a municipal corporation." special meeting sends an evil message to our supervisors:that the Take that, First Amendment. press on their side.Particularly since the Victor Valley Daily Allowing voters to choose our County Administrative Officers Press,for the second time,has declined to print this letter: would seem an essential change to our County Charter." End quote. In revising our County Charter we should make the County There is a second reason for making the CAO an elective Administrative Officer an elected position,as allowed by state office.More and more of the task of supervising county law. government,which you five supervisors were elected to perform, Presently we trust our County Supervisors to appoint our has been delegated to the CAO. Even as your meeting rules CAO's. We shouldn't. reduced the public's input at these meetings by over 90 percent. Five of the Supervisor's last six CAO appointments suggest Up until the mid 1970's,Board meetings often lasted two days a prime factor in Board hiring of a CAO is the candidate's with a hundred or more items on the agendas.Until you began willingness to go along with a"culture of corruption". using the Consent Calendar scheme to approve all the"routine Beginning in 1986,the Board allowed the now confessed and non-controversial"items with a single motion to adopt the felons Harry Mays and then James Hlawek to feloniously entire Consent Calendar,excepting those items which a member abuse the CAO office for a dozen years. The next two CAD's, of the public moved to the Speaking Calendar for a full public Will Randolph and Wally Hill each quit in disgust rather than hearing. go along with such a culture of corruption.The fifth CAO, And in 1994,at the urging of the felonious CAO Harry Mays, Mark Uffer,cleverly refused to go along with the culture of you politicians ended the public's right to demand a full public corruption until the Board foolishly fired him.He then hearing on a Consent Calendar item. successfully sued the County for wrongful termination. Still,as recently as five years ago,Board meetings were held And our present CAO,Gregory Devereaux, would have weekly,and agendas with over a hundred items were common. trouble being elected CAO with his unconstitutional belief in Today you meet only twice a month,with much smaller agendas. how local government bodies should make their decisions. As And most of the items on these shorter agendas are on the quoted in the Sun of February 15,2010 regarding his job as Consent Calendar,to be rubber stamped by you five without a chief administrative officer for Rancho Cucamonga,Mr public hearing. Devereaux holds that"Council meetings are business meetings Who is making these hundreds of decisions our elected of a municipal corporation." supervisors used to make each month,after public input? The Take that, First Amendment. CAO. Allowing voters to choose our County Administrative This most powerful position in County Government demands Officers would seem an essential change to our County an elected official.Make this change in our county charter. Charter. Common sense demands it. Ephemeral Press,April 8,2014 Page 2 Public Meeting Arrests in San Bernardino County, 1989 to date Compiled by the Ephemeral Press,Bob Nelson,publisher DATE AGENCY SPEAKER ACTION REGARDING CITE# RESPONSE RESULTS SENTENCE 1 06-12-89 SBC Bd of Supervisors Bob Nelson PC403 5 minute rule #573951 No charge Censorship 2 07-24-89 SBC Bd of Supervisors Bob Nelson PC403 3 minute rule #435305 No charge Censorship 3 10-02-89 SBC Bd of Supervisors Bob Nelson PC403 3 minute rule #435306 MSB-59334 Guilty* 15 days 4 10-16.89 SBC Bd of Supervisors Bob Nelson PC403 3 minute rule #587552 MSB-59334 9/3,to acquit 5 10-23-89 SBC Bd of Supervisors Bob Nelson PC403 3 minute rule #587553 MSB-59334 Guilty* Plus 15 days 6 10-30-89 SBC Bd of Supervisors Bob Nelson PC403 3 minute rule #587562 MSB-59334 Not Guilty 7 02-27-90 Mojave Water Agency Bob Nelson Removal 5 minute rule SBSD No Charge Censorship 8 03-13-90 Mojave Water Agency Bob Nelson PC403 5 minute rule #53348 No charge Censorship 9 0423-90 SBC Bd of Supervisors Bob Nelson PC403 3 minute rule #587557 MSB-59334 Guilty* Plus 15 days 10 05-11-93 SBC Bd of Supervisors Bob Nelson PC403 3 minute rule #10696 No charge Censorship 11 07-27-93 SBC Bd of Supervisors Bob Nelson PC403 Content #858561 No charge Censorship 12 08-03-93 SBC Bd of Supervisors Bob Nelson PC403 3 minute rule #858451 No charge Censorship 13 08-03-93 SBC Bd of Supervisors Craig Himmler Removal Content SBSD No Charge Censorship 14 08-03-93 SBC Bd of Supervisors Jeff Wright PC403 Words from floor #858452 No charge Censorship 15 08-2493 SBC Bd of Supervisors Bob Nelson PC403 3 min Consent Calendar #16801 No charge Censorship 16 08-31-93 SBC Bd of Supervisors Bob Nelson PC403 3 minute rule #857460 No charge Censorship 17 09-1493 SBC Bd of Supervisors Bob Nelson PC403 3 minute rule #857461 No charge Censorship 18 09-1493 SBC Bd of Supervisors Jeff Wright PC403 3 minute rule #857462 No charge Censorship 19 10-26-93 SBC Bd of Supervisors Bob Nelson Removal 3 min Consent Calendar SBSD No Charge Censorship 20 11-02-93 SBC Bd of Supervisors Bob Nelson PC403 3 min Consent Calendar #922442 No charge Censorship 21 I1-30-93 SBC Bd of Supervisors Jeff Wright Removal Content,2:24 SBSD No Charge Censorship 22 02-01-94 SBC Bd of Supervisors Bob Nelson PC403 Content #660695 No charge Censorship 23 03-22-94 SBC Bd of Supervisors Bob Nelson PC403 Words from floor #911306 No charge Censorship 24 03-29-94 SBC Bd of Supervisors Bob Nelson Removal Words from floor SBSD No Charge Censorship 25 03-29-94 SBC Bd of Supervisors Jeff Wright Removal Words from floor SBSD No Charge Censorship 26 0412-94 SBC Bd of Supervisors Bob Nelson PC403 3 min Consent Calendar #791194 No charge Censorship 27 0412-94 CSB Cable Commission Jeff Wright PC403 Content #387699 No charge Censorship 28 0426-94 SBC Bd of Supervisors Jeff Wright PC403 Content ?????? No charge Censorship 29 5/17/94 SB City Council Larry Singleton PC403/148(a) 3 minute rule SBPD MSB-22220 Not Guilty 30 5/17/94 SB City Council Jeff Wright Removal Unknown SBPD No Charge Censorship 31 06-06-94 SB City Council Jeff Wright Removal Unknown SBPD No Charge Censorship 32 06-14-94 SBC Bd of Supervisors Jeff Wright PC403 3 min Consent Calendar #857478 No charge Censorship 33 06-28-94 SBC Bd of Supervisors Jeff Wright PC148(a) No apparent reason ?????? No charge Censorship 34 07-12-94 SBC Bd of Supervisors Jeff Wright Removal 3 min Consent Calendar SBMO No Charge Censorship 35 07-19-94 SBC Bd of Supervisors Jeff Wright Removal Words from floor SBMO No Charge Censorship 36 07-27-94 Inland Valley Dev Auth Jeff Wright PC403 3 min Consent Calendar #791197 No charge Censorship 37 08-09-94 SBC Bd of Supervisors Jeff Wright PC403 Brief polite applause #922487 No charge Censorship 38 08-09-94 SBC Bd of Supervisors Bob Nelson PC415 Brief polite applause #922488 No charge Censorship 39 08-23-94 SBC Bd of Supervisors Jeff Wright PC403 Words from floor #912755 No charge Censorship 40 09-06-94 SBC Bd of Supervisors Larry Singleton Removal Words from floor SBSD No Charge Censorship 41 09-06-94 SBC Bd of Supervisors Jeff Wright PC403 Words from floor #909304 No charge Censorship 42 09-06-94 SB City Council Jeff Wright PC403 Unknown #454743 No charge Censorship 43 09-07-94 SANBAG Jeff Wright PC403 Content,short 3 minutes #461490 MSB-72817 9/3,to acquit 44 10-13-94 CSB Planting Comm Jeff Wright PC403 Content,interrupted #460519 No charge Censorship 45 11-21-94 SB City Council Jeff Wright PC403 Content,interrupted #909306 No charge Censorship 46 12-13-94 CSB Cable Commission Jeff Wright Removal Content,question SBSD No Charge Censorship 47 01-10-95 SB City Council Jeff Wright PC403 Unknown #467561 No charge Censorship 48 01-23-95 SB City Council Jeff Wright PC403 Unknown #452049 No charge Censorship 49 02-06-95 SB City Council Jeff Wright PC403 Content #447438 No charge Censorship 50 02-20-95 SB City Council/EDA Jeff Wright Removal Meeting speaking limit SBPD No Charge Censorship 51 04-11-95 SBC Bd of Supervisors Jeff Wright Removal Content SBSD No Charge Censorship 52 0412-95 Inland Valley Dev Auth Jeff Wright PC403 Standing up #830171 No charge Censorship 53 0417-95 SB City Council Jeff Wright PC403 Unknown #492466 No charge Censorship 54 04-25-95 SBC Bd of Supervisors Jeff Wright Removal Content SBSD No Charge Censorship 55 05-02-95 SBC Bd of Supervisors Bob Nelson PC403 3 min,point of order #908004 No charge Censorship 56 06-13-95 SBC Bd of Supervisors Ruth Lopez PC148(a) Words from floor #?????? No charge Censorship 57 06-13-95 SBC Bd of Supervisors Jeff Wright Removal Content SBSD No Charge Censorship 58 07-15-95 CSB Cable Commission Jeff Wright Removal Speech before meeting SBPD No Charge Censorship 59 07-2495 SB City Council Jeff Wright PC403 Content,point of order #481486 No charge Censorship 60 08-21-95 SB City Council Jeff Wright PC403 Content #461424 No charge Censorship 61 10-16-95 SB City Council Jeff Wright PC403 Content #476962 No charge Censorship 62 10-17-95 SBC Bd of Supervisors Bob Nelson PC403 3 min Consent Calendar #1130825 No charge Censorship 63 10-2495 SBC Bd of Supervisors Bob Nelson PC148(a)/403 3 min Consent Calendar #1130826 No charge Censorship 64 I1-06-95 SB City Council Jeff Wright Removal Content SBPD No Charge Censorship Ephemeral Press, April 8,2014 Page 3 DATE AGENCY SPEAKER ACTION REGARDING CITE# RESPONSE RESULTS SENTENCE 65 12-04-95 SB City Council Jeff Wright Removal Content SBPD No Charge Censorship 66 12-05-95 SBC Bd of Supervisors Jeff Wright Removal Content SBSD No Charge Censorship 67 01-08-96 SB City Council Jeff Wright Removal Content SBSD No Charge Censorship 68 01-09-96 SBC Bd of Supervisors Jeff Wright Removal Content SBSD No Charge Censorship 69 01-24-96 Inland Valley Dev Auth Jeff Wright PC148(a)/403 3 minute rule 0925601 MSB-72817 Guilty* 180 Days** 70 01-30-96 SBC Bd of Supervisors Jeff Wright Removal Post meeting SBSD No Charge Censorship 71 02-05-96 SB City Council Jeff Wright PC403 Words from floor #495661 No charge Censorship 72 02-06-96 SBC Bd of Supervisors Jeff Wright Removal 3 min Consent Calendar SBSD No Charge Censorship 73 02-06-96 CSB Planning Comm Jeff Wright PC403 Words from floor #497659 No charge Censorship 74 02-08-96 SANBAG Jeff Wright Removal Words from floor SBSD No Charge ,Censorship 75 02-00-96 Inland Valley Dev Auth Jeff Wright Removal 3 min Consent Calendar SBSD No Charge Censorship 76 02-27-96 SBC Bd of Supervisors Jeff Wright Removal Content of speech SBSD No Charge Censorship 77 03-12-96 SBC Bd of Supervisors Bob Nelson PC148(a)/403 3 min Consent Calendar #925752 MSB-21747 Dismissed 78 04-09-96 Inland Valley Dev Auth Jeff Wright PC403 Content #473341 No charge Censorship 79 04-16-96 SBC Bd of Supervisors Jeff Wright Removal Words from floor SBSD No Charge Censorship 80 0424-96 Inland Valley Dev Auth Jeff Wright Removal Unknown #924115 No Charge Censorship 81 0430-96 SBC Bd of Supervisors Jeff Wright PC403 3 min Consent Calendar #1226751 No charge Censorship 82 05-01-96 Inland Valley Dev Auth Jeff Wright PC403 Unknown #507001 No charge Censorship 83 05-13-96 SANBAG Jeff Wright PC403 Content #499058 No charge Censorship 84 05-17-96 SB City Council Larry Singleton PC148(a)/403 Content ?????? MSB-22220 Not Guilty 85 05-17-96 SB City Council Jeff Wright PC403 Content SBPD No charge Censorship 86 05-22-96 Inland Valley Dev Auth Jeff Wright PC403 Unknown #924123 No charge Censorship 87 05-2496 SB City Council Jeff Wright PC403 Meeting speaking limit ?????? No charge Censorship 88 06-03-96 SB City Council Jeff Wright PC403 Content #477518 No charge Censorship 89 06-0496 SBC Bd of Supervisors Jeff Wright Removal Content SBSD No Charge Censorship 90 06-13-96 Inland Valley Dev Auth Jeff Wright PC403 Content SBSD No charge Censorship 91 06-17-96 SB City Council Jeff Wright PC403 Content #504819 No charge Censorship 92 06-25-96 SBC Bd of Supervisors Grace Lester PC403 Words from floor #'1????? No charge Censorship 93 03-25-97 SBC Bd of Supervisors Marjorie Mikels Removal Denied donated time SBSD No Charge Censorship 94 07-08-97 SBC Bd of Supervisors Bob Nelson PC4161148(a) 3 min Consent Calendar #1271801 No charge Censorship 95 07-22-97 SBC Bd of Supervisors Bob Nelson PC403 3 min Consent Calendar #1172509 No charge Censorship 96 07-29-97 SBC Bd of Supervisors Bob Nelson PC403 3 min Consent Calendar #1172510 No charge Censorship 97 08-05-97 SBC Bd of Supervisors Bob Nelson PC403 3 min Consent Calendar #1320401 No charge Censorship 98 08-12-97 SBC Bd of Supervisors Bob Nelson PC403 3 min Consent Calendar #1172511 No charge Censorship 99 08-19-97 SBC Bd of Supervisors Jeff Wright Removal Content 2:06 No Charge Censorship 100 08-19-97 SBC Bd of Supervisors Bob Nelson PC403 3 min Consent Calendar #1172512 No charge Censorship 101 08-26-97 SBC Bd of Supervisors Bob Nelson PC403 3 min Consent Calendar #1172513 No charge Censorship 102 09-09-97 SBC Bd of Supervisors Bob Nelson PC403 3 min Consent Calendar #1172515 MSB-30827 Dismissed 103 09-16-97 SBC Bd of Supervisors Bob Nelson PC403 Content 1:00 #1172517 No charge Censorship 104 09-23-97 SBC Bd of Supervisors Bob Nelson PC148(a)/403 3 min Consent Calendar #1319533 MSB-30952 Guilty* 365 Days*** 105 09-30-97 SBC Bd of Supervisors Bob Nelson PC148(a)/403 3 min Consent Calendar #1321851 MSB-30952 Guilty* 365 Days*** 106 10-07-97 SBC Bd of Supervisors Bob Nelson PC148(a)/403 3 min Consent Calendar #1172518 MSB-30952 Guilty* 365 Days*** 107 10-09-97 Hesperia Plan Comm Bob Nelson PC148(a)/403 5 minute rule #1371363 MVI-18640 Dismissed 108 10-21-97 SBC Bd of Supervisors Jeff Wright Removal Coment/prob violation SBSD MSB-72817 Censorship 365 Days 109 11-0497 SBC Bd of Supervisors Jeff Wright Removal Content—2:20 SBSD No Charge Censorship 110 03-10-98 SBC Bd of Supervisors Grace Lester Removal Unknown SDSD No Charge Censorship ill 1X-01-98 SB City Council Jeff Wright Probation Content SBSD Probation Censorship 112 10-06-98 SBC Bd of Supervisors Marjorie Mikels PC148(a)/403 Content #?????? No charge Censorship 113 11-17-98 SBC Bd of Supervisors Grace Lester PC148(a)/403 Words from floor #?????? MSB-38820 Dismissed 114 10-20-98 SBC Bd of Supervisors Marjorie Mikels PCI48(a)/403 Content, "Accordion' #?????? No charge Censorship 115 06-08-99 CSB Planning Comm Jeff Wright PC403 Content,name refusal #?????? MSB-43120 Dismissed 116 07-06-99 SB City Council Jeff Wright PC403 Content 2:08 #?????? MSB-43120 Dismissed 117 07-13-99 SBC Bd of Supervisors Marjorie Mikels PC403 Content #?????? No charge Censorship 118 07-13-99 SBC Bd of Supervisors Jeff Wright Removal Content,No meeting #?????? MSB-43120 Dismissed 119 02-29-00 SBC Bd of Supervisors Jeff Wright Removal Content SBSD No Charge Censorship 120 06-20-00 SBC Bd of Supervisors Shirley Goodwin PC148(a)/403 Words from floor #1751189 No charge Censorship 121 03-06-01 SBC Bd of Supervisors Grace Lester Removal Content SBSD No Charge Censorship 122 03-06-01 SBC Bd of Supervisors Jeff Wright Removal Content SBSD No Charge Censorship 123 05-08-01 SBC Bd of Supervisors Jeff Wright Removal 3 min Consent Calendar SBSD No Charge Dismissed 124 05-08-01 SBC Bd of Supervisors Bob Nelson PC403 Content #199050 No charge Censorship 125 06-26-01 SBC Bd of Supervisors Jeff Wright Removal Content SBSD No Charge Censorship 126 08-14-01 SBC Bd of Supervisors Jeff Wright PC403 Content #198683 No charge Censorship 127 00-00-01 SBC Bd of Supervisors Jeff Wright Removal Content SBSD No Charge Censorship 128 00-00-01 SBC Bd of Supervisors Jeff Wright Estimated 8 arrests;EP did not log public meeting arrests No Charge Censorship 129 00-00-01 SBC Bd of Supervisors Jeff Wright between the fall of 2001 and Nov 5,2002 No Charge Censorship 130 00-00-01 SBC Bd of Supervisors Jeff Wright ? ? ? No Charge Censorship 131 00-00-01 SBC Bd of Supervisors Jeff Wright ? ? ? No Charge Censorship 132 00-00-01 SBC Bd of Supervisors Jeff Wright ? ? ? No Charge Censorship Ephemeral Press, April 8,2014 Page 4 DATE AGENCY SPEAKER ACTION REGARDING CITE# RESPONSE RESULTS SENTENCE 133 00-00-01 SBC Bd of Supervisors Jeff Wright ? ? 7 No Charge Censorship 134 00-00-01 SBC Bd of Supervisors Jeff Wright ? ? ? No Charge Censorship 135 00-00-01 SBC Bd of Supervisors Jeff Wright ? ? ? No Charge Censorship 136 11-05-02 SBC Bd of Supervisors Jeff Wright Removal Words from floor SBSD No Charge Censorship 137 11-19-02 SBC Bd of Supervisors Jeff Wright Removal Content SBSD No Charge Censorship 138 03-11-03 SBC Bd of Supervisors Grace Lester Removal Content SBSD No Charge Censorship 139 03-I1-03 SBC Bd of Supervisors Dennis Pankey Removal Content SBSD No Charge Censorship 140 03-18-03 SBC Bd of Supervisors Grace Lester Removal Content SBSD No Charge Censorship 141 03-I8-03 SBC Bd of Supervisors Dennis Pankey Removal Content SBSD No Charge Censorship 142 03-25-03 SBC Bd of Supervisors Grace Lester Removal Content SBSD No Charge Censorship 143 03-25-03 SBC Bd of Supervisors Jeff Wright PC148(a)/403 Content #?????? Held on bail Censorship 144 04-01-03 SBC Bd of Supervisors Grace Lester Removal Content SBSD No Charge Censorship 145 05-20-03 SBC Bd of Supervisors Grace Lester PC 403 Content #2112155 Book&Release Censorship 147 06-24-03 SBC Bd of Supervisors Grace Lester Removal Words from floor SBSD No Charge Censorship 148 08-12-03 SBC Bd of Supervisors Grace Lester PC403 Words from floor SBSD Book&Release Censorship 149 11-08-03 SBC Bd of Supervisors Grace Lester Removal Content SBSD No Charge Censorship 150 12-03-03 SBC Bd of Supervisors Bob Nelson PC 403 3 min Consent Calendar #2028819 Book&Release Censorship 151 02-10-04 SBC Bd of Supervisors Grace Lester Removal Failed to remain seated SBSD No Charge. Censorship 152 06-29-04 SBC Bd of Supervisors Bob Nelson PC403 3 min Consent Calendar 406344568 MSB-076720 Dismissed 153 05-18-04 SBC Bd of Supervisors Grace Lester Escort to seat Content SBSD No charge Censorship 154 09-28-04 SBC Bd of Supervisors Bob Nelson PC403 Refused to yield rostrumt #2061623 MSB-07%16 Guilty 30 days 155 10-19-04 SBC Bd of Supervisors Bob Nelson PC403 Refused to yield rostrum #2061624 No charge Censorship 156 11-09-04 SBC Bd of Supervisors Grace Lester PC403 Content ?????? No charge Censorship 156 08-05-03 SBC Bd of Supervisors Grace Lester PC403 Content #?????? Book&Release Censorship 157 11-09-04 SBC Bd of Supervisors Marjorie Mikels PC403 3 minute rule ?????? No charge Censorship 158 04-22-08 SBC Bd of Supervisors Bob Nelson PC403 Refused to yield rostrum #2480847 No charge Censorship 159 05-13-08 SBC Bd of Supervisors Bob Nelson PC403 Refused to yield rostrum #2480899 MSB-804723 Guilty $1,040 fine 160 06-17-08 SBC Bd of Supervisors Bob Nelson PC403 Refused to yield rostrum #2872500 MSB-804723 Guilty plus fit 161 06-24-08 SBC Bd of Supervisors Bob Nelson PC403 Refused to yield rostrutn #2872301 MSB-804487 Dismissed NOTE: According to the California Supreme Court research,In re Kay,1 Cal.3d 930,unlawful meeting disturbances are"generally penalized by no more than a small fine." And while the only conviction for PC 148(a)resisting arrest,in 1997,was overturned by the county's appellate court system,the PC 148(a)arrests continue,as an excuse for imposing summary punishment of a day in jail for a"book and release." * With the dismissal of the case filed on this June 29,2004 board meeting arrest,DA Ramos conceded that a breach of the three minute rule,even by near two minutes,does not constitute an unlawful meeting disruption,after all. ** This is the maximum permissible sentence for this class of misdemeanor,zero First Amendment consideration,for Mr Wright's only conviction out of,at the time,40 public meeting arrests in the previous 3 years. *** These illegal sentences,to be served concurrently,were subsequently reduced to 30 days to be served on weekends and three years probation. t Rule 12 defines refusing to yield the rostrum as a meeting disturbance.Each of these refusals to yield occurred well under two minutes after the three-minute rule was breached. tt 90 days in the county jail suspended on completion of three years probation. This list of public meeting arrests in San Bernardino County is incomplete since such arrests were only occasionally reported by the media. According to then-DA Dennis Stout,in his letter dated October 11,2000 addressed to the First Amendment Coalition,his office investigated "well over 100"such arrests occurring between November of 1993 and the date of that letter. The EP Arrest Log only recorded 101 arrests during this same period. Ephemeral Press, April 8,2014 Page 5 _ NHSIE City of San Bernardino Homeownership Creation Efforts August 2013— March 2014 CityLIFT Loans (Total 148) • Since the launch of CityLIFT, 58 home buyers have been able to purchase a home in the City of San Bernardino Moreno Valley • $870,000 has been deployed in the City of San 42 San Bernardino Bernardino 58 Currently, San Bernardino has used 39% of all Corona Riverside22 CityLIFT funds Fontana 23 • Funds are still available for interested home buyers looking to purchase in the City Number of people who received Home Buyer Education living or purchasing in the City of San Bernardino San Bernardino Other cities in the IE e s t` �iaw Number of residents who are members of NHSIE's Resident Advisory Committee living in the City of San Bernardino (4 of 10) Assemblymember Cheryl R. Brown 47" Assembly District 290 N. D St. Suite 903 San Bernardino, California 92401 dad V . •" Phone (909) 381-3238 Fax (909) 885-8589 Men of the Distinction Award 2014 Nomination Form Assemblymember Cheryl R. Brown is seeking nominations to identify and honor outstanding men whose successes and contributions to the community have set the standard for future generations to emulate. The selection committee will use the nomination forms and independent research to make final selections to be recognized by State Assemblymember Cheryl R. Brown. Residence — The `Men of Distinction' nominees would need to reside within the boundaries of the 47`" Assembly District. These cities include: Southwest parts of San Bernardino, Colton, Fontana, Rialto, Grand Terrace and the composite of Bloomington and Muscoy. Criteria — The Nominee should be a man who is a respected role model in his community. Someone who contributes time and energy, to make things better. Additionally, nominees should be individuals who have made an impact with their ideas, achievements and overall commitment to excellence in the 47`"Assembly District. Submitting Nominations — Please submit complete nomination forms describing the nominee's qualifications and your reasons for making the nomination. All nominations can be submitted to: ion.aaedena-asm.ca.gov. If you have any questions, please contact Jon Gaede at (909) 381-3238. Deadline for entries: Friday, May 16th, 2014 t v .. Please direct any questions to: Mail,or FAX, nominations to: Jon Gaede 909-381-3238 Assemblymember Cheryl R. Brown Jon.gaede @asm.ca.gov Father of the Year Award 2013 290 North "D" Street, Suite 903 San Bernardino, CA 92401 FAX: 909-885-8589 Assemblymember Cheryl R. Brown �y. 47th Assembly District 290 North "D" Street, Suite 903 San Bernardino, CA 92401 (Please print or type) Name of Nominee: Address: Phone No.: ( ) Email: Employer (if applicable) Please provide a brief reason why you have nominated this person along with a biography: (please limit to 200 words) rk of Safety April 25, 2014 8 : 00a . m . 12 NOON —FREE ADMISSION— Hosted By Assemblymember Cheryl • Brown And Building Resilient Communities WHO: Those in Leadership for Houses of Worship WHY: To provide resources and encourage dialogue that will enable Houses of Worship to be prepared in case of a disaster. WHERE Sunrise C, h http://arkofsafetydistrict47.eventbrite.com?s=23095785 2759 Ayala Drive 2"i*?8 Rialto, CA 92377 tit THIS DOCUMENT MAY NOT BE REPRODUCED