Archive | Marin County

Paul Hobbs Winery, Sonoma County Beat Back Attack On Vineyard Protection Law

Paul Hobbs Winery Joins Sonoma County in Victory Over Activist Lawsuit to Repeal Landmark Sonoma County Vineyard Development Rules

Paul Hobbs Helps Sonoma County Win Victory
Sonoma, Calif.,–A lawsuit threatening long-standing Sonoma County environmental regulations was dismissed today in a ruling by the Sonoma County Superior Court.

The ruling upholds Sonoma County’s 15-year-old Vineyard Erosion and Soil Control Ordinance (VESCO), thereby preserving the county’s clearly defined standards for protecting soil, water and air during vineyard development.

This represents a significant victory for Sonoma County and responsible farming advocates, including Paul Hobbs, who was named in the suit. A small activist group targeted Hobbs’s 39-acre Watertrough Road property as the test case in their campaign to subordinate County vineyard regulations to the oft-abused statewide regulations of the California Environmental Quality Act, more commonly known as CEQA.

“We are relieved and thankful that this attack on VESCO was thrown out,” said Hobbs spokesman Christopher O’Gorman. “The results of this suit could have been devastating both for farmers and the environment. Now we can continue to grow and thrive, responsibly.”

The suit, brought by a small parent group called the Watertrough Children’s Alliance, hinged on whether VESCO should be considered a “ministerial” or “discretionary” ordinance. Today’s ruling underscored the prevailing view that VESCO is a ministerial ordinance, meaning that CEQA does not come into play during vineyard development.

This comes as a relief to local winemakers, as the environmental review process triggered by CEQA is notorious in California for being abused by activists to delay and add significant cost to projects large and small.

“The impact of CEQA review would be very negative for Sonoma County agriculture, as has been noted by the Sonoma County Winegrape Commission and many others” said O’Gorman. “This ruling protects Sonoma farmers, Sonoma’s environment, and Sonoma’s economy.”

With this court’s final word on this legal question, Hobbs is happy to return his full attention to farming and winemaking.

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S.F. Archbishop Cordileone Priest Joseph Illo was Focus of Abuse Lawsuit: Star of Sea School Parents Demand Removal

 

Ft. Joseph Illo: Emotional Abuse Lawsuit Comes to Light

Ft. Joseph Illo: Emotional Abuse Lawsuit Comes to Light–Star of Sea Parents Demand Archbishop Salvatore Cordileone Remove Priest

Canonical and court documents have come to light from 2003 and 2005 that cast a negative light on the ministry of Priest Joseph Illo during his time in the Stockton, Calif., diocese — including a court ruling that he inflicted “intentional emotional distress” on an 11-year-old girl — have further enraged parents at San Francisco’s Star of the Sea School who have sought the priest’s removal as Star of Sea Parish administrator, according to news stories on KGO Radio and in the National Catholic Reporter and the San Francisco Examiner.

“We do not want Father Illo around children or in our community,” said Christy Brooks, a Star of the Sea parent.  “The details of this past lawsuit are deplorable. There is no one, who after reading this lawsuit, would want to have their children near Father Illo.  Archbishop Cordileone should remove him immediately from our school and parish. The safety and well-being of our children must be paramount.”

“We believe Archbishop Cordileone was aware of this verdict against Ft. Illo for intentional infliction of emotional distress on a child and still knowingly placed him in our community with foresight and knowledge of his history.  That is shocking and unforgivable,” Brooks added.  She and a group of parents from Star of the Sea have written and phoned the Archbishop demanding Illo’s removal.

The facts of the 2005 lawsuit against the priest, Father Illo, which required him to pay $14,000 for therapy for the young girl he traumatized, are as follows:

An 11-year-old girl came to Father Joseph Illo in confidence to report an incident of sexual abuse by one of the priests in Illo’s parish in Modesto.

Upon listening to the child’s report of abuse, Father Illo responded by yelling at the child, calling her a liar and calling the character of the child’s mother into question.

Father Illo then invited the offending priest into his office, where the two of them further confronted the child.

It was only after Father Illo invited his secretary in the room and she found the child in a hysterical state that she was removed and the mother was called.

Father Illo has a sworn duty to immediately report all allegations of abuse to the police.

As part of the case, church documents detailing an internal canonical investigation were subpoenaed. This report raises questions about Father Illo’s leadership and referring to his personality as being “dictatorial, manipulative and insensitive.” Another report for the court in Modesto said Father Illo had “a Jekyll and Hyde” personality. The canonical report recommended counseling for Father Illo.

Controversy has dogged Father Joseph Illo since he was appointed by San Francisco Archbishop Salvatore Cordileone to Star of the Sea Parish and School in late 2014.  After taking charge of the San Francisco parish he banned altar girls, saying only boys can be altar servers. The move sparked criticism along with his statements to parents that he planned on replacing the school’s teachers with nuns from Dominican Sisters of Mary, Mother of the Eucharist order, the same nuns that walked out on students at Marin Catholic High School last week to protest an event to prevent bullying of LGBT youth.

The Star of the Sea parents have contacted Archbishop Cordileone and his staff by mail and phone and have “respectfully demanded that Father Illo be immediately and completely removed from his involvement at Star of the Sea,” according to the Star of the Sea parents group.

Just earlier this month, Bishop Robert Finn, head of the Kansas City-St. Joseph, Mo., diocese resigned after a canonical review of Finn to determine if he violated church law by failing to report suspected child sexual abuse in connection to former priest in that diocese.  Many parents are wondering if the same fate will befall Archbishop Cordileone since he placed Father Illo at Star of the Sea school with the knowledge that Father Illo had a history of emotional abuse of children.

Prominent Catholic leaders have written Pope Francis and took out a full page advertisement in the San Francisco Chronicle requesting the Pontiff remove Archbishop Salvatore Cordileone for “fostering “an atmosphere of division and intolerance.”

 

 

 

 

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S.F. Archbishop Faces New Controversy: His Nuns Boycott Anti-Bullying Program at Catholic High School

Here’s a tough question to answer: What anti-bulling event does McDonald’s, Target, Disney, Wells Fargo, Morgan Stanley, Google and the NBA support, but Archbishop Salvatore Cordileone’s hand-picked Nuns oppose?

The answer: an anti-bullying event program intended to protect gay and lesbian high school teens from bullying.

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Just after 100 of the most prominent Catholics in San Francisco signed an open letter to Pope Francis asking that Archbishop Cordileone be removed, Cordileone proved the signers of the petition right. He is out of step and out of his league in San Francisco.

These are the same Nuns that the Archbishop imported to the Bay Area from Ann Arbor, Michigan.  Cordileone and his controversial Star of the Sea Parish priest Father Joseph Illo have publically said they want to replace current Star of the Sea teachers with these same “pro-bullying” nuns from out of state—which has ignited a firestorm by parents at the school.

The San Francisco Chronicle’s Matier and Ross just reported this latest disaster for Archbishop Cordileone in their column.

Here’s what Matier and Ross wrote:

The divisions within the Bay Area’s Catholic community over gay rights hit Marin Catholic High School full force the other day, when a group of nuns walked out of their classes to protest the sponsors of a program intended to protect gay and lesbian teens from bullying.

The five members of the Dominican Sisters of Mary order exited their classrooms Friday as students began handing out flyers at the Kentfield school promoting a nationwide Day of Silence.

Their walkout came one day after 100 prominent local Catholics attracted national attention by taking out a full-page ad in The Chronicle calling on the pope to oust Archbishop Salvatore Cordileone, in part for trying to get teachers at Catholic schools to sign off on a morality clause that characterizes homosexual relations as “gravely evil.”

Marin Catholic High President Tim Navone and Principal Chris Valdez tried to put out the latest brushfire with a letter to parents about “a challenging day on our campus resulting in both students and faculty feeling confused about our mission.”

At issue was Friday’s annual Day of Silence, promoted by the Gay, Lesbian and Straight Education Network — whose corporate sponsors include McDonald’s, Target, Disney/ABC, Wells Fargo, Morgan Stanley, Google and the NBA. It bills itself as a group of “students, parents, and teachers that tries to effect positive change in schools,” but the nuns at Marin Catholic High see it as anti-Catholic.

The school declined to participate in the Day of Silence. Instead, a morning prayer was read over the school’s PA system “to acknowledge and pray for students everywhere who have the experience of being ostracized, marginalized or silenced by bullying,” school officials wrote in their letter.

“Our intention was not to take part in a Day of Silence, but rather take a moment in the morning to pray together as a school community,” the letter to parents said.

Unfortunately, the administrators said, the school’s message was “compromised and misinterpreted” the night before when it was linked on Facebook to the campaign by the Gay, Lesbian and Straight Education Network, “an activist group with which we are not affiliated.’’

When some Marin Catholic High students began handing out Day of Silence-related stickers and flyers on campus Friday morning, the five nuns felt “felt compromised, offended and uncomfortable,” Sister Clare Marie, one of the teachers, later wrote in a lengthy e-mail to her students.

She said the sisters “do not support bigotry or any kind of prejudice,” but that they were compelled to act out against an event promoted by a group that “believes actively in promoting homosexuality in all classrooms, K-12.”

Her e-mail also accused the group’s members of speaking out “against Christians who do not share their views” and handing out materials that “say that any church which teaches homosexuality is sinful is an ‘oppressor’ and should be opposed.”

Valdez told us in an interview that the sisters — who make up a small portion of the school’s 60 teachers — stayed away from the campus for the rest of the day, but had informed him of their intentions before they left.

Kari Hudnell, a spokeswoman for the Gay, Lesbian and Straight Education Network, denied that the group “actively promoted” homosexuality in the classroom.

“We are not trying to convert anyone,” she said. “We are just trying to make sure schools are a safe environment for all kids.”

Hudnell pointed out that the group has pushed for antibullying and antidiscrimination laws that apply to religious beliefs, as well as race, gender and sexual orientation.

School officials told parents that the walkout by the five nuns “further confused the students and created some false rumors about the sisters not caring for students who feel bullied, ostracized or marginalized.”

Valdez told us that the school is working hard to cut through the politically charged atmosphere to “bring authentic dialogue to the campus” in hopes of healing any rifts between the students and sisters.

 

 

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UC Berkeley Vice Chancellor Graham Fleming Resigns Under Protest After University Botches Harassement Investigation

Graham Fleming Resigns—Returns To Teaching After Biased, Flawed UC Investigation

 Fleming Says Charges Against Him by Fired Employee Were False, Then Mishandled by University Office of the President Janet Napolitano in Bungled Investigation

Graham Fleming

Graham Fleming

Berkeley—Expressing both his admiration for and his deep disappointment with the University of California at Berkeley,  Graham Fleming resigned his position as Vice Chancellor for Research following a deeply flawed University of California Office of the President (UCOP) investigation into allegations made against him by former UC Berkeley employee Diane Leite.

Fleming, one of the most successful Vice Chancellors for Research in UC-Berkeley history, resigned under protest. He strongly denies the charges of harassment made by Leite, as well as allegations by the University that he failed to disclose a conflict of interest because of his close relationship with her—even though he was ultimately responsible for her dismissal.  He will return to his tenured role as a professor of chemistry.

“I resign under protest, with profound objections to and great personal disappointment in the investigation into those allegations,” Fleming said in his resignation letter to Chancellor Nicholas B. Dirks.  “This process violated fundamental principles of due process and fairness, and resulted in a report riddled with inconsistencies, mischaracterization of the facts, and distortion of witness statements, as well as the selective omission of relevant information.”

Fleming’s legal counsel provided evidence to UCOP, including sworn declarations from respected members of the University and business communities, that demonstrated that the findings against him were not supported, and that the investigation was biased.  Fleming’s counsel unsuccessfully sought retraction of the investigation report.  Efforts to obtain an independent and unbiased review of the investigation process and all the evidence were summarily rejected by University officials.  An urgent letter to UC General Counsel and Vice President-Legal Affairs Charles F. Robinson, sent on April 6 and requesting his immediate intervention in this matter, went un-responded to in UC President Janet Napolitano’s office.

“Because I was not afforded due process by UCOP, and because there is no independent mechanism to appeal a biased and unjust report, there is no way for me to clear my name.  I am concerned that my professional and personal reputations have been irreparably damaged,” Fleming said.  Despite the flawed investigation and its unsupported conclusions, Fleming continues to have positive feelings about the University he has served with distinction for the past 18 years.   “I still strongly believe in the University and its mission….I remain committed to serve the University, its students, and faculty, and to continue to build and enhance this great institution for future generations,” Fleming said.

“Unfortunately, given the current climate around issues of sexual harassment on college campuses,  the rights of the accused are often lost in the rush to judgment, with devastating impact,” said Sam Singer, Fleming’s spokesman. With no way to fight or appeal the findings, Fleming had no choice but to resign.

Singer said UCOP began its investigation of Fleming in 2014,  after ex-University Assistant Vice Chancellor Diane Leite made a series of inflammatory allegations, long after her termination, claiming sexual harassment by Fleming—charges that were never made at any time during her employment, or even at the time of her firing in May of 2012.   Given the circumstances, Fleming believes that Leite made these charges against him because he did not protect her job after she was involved in a pay hike scandal benefitting her subordinate, with whom she had had a sexual relationship.

Fleming notes that he and Leite had a long-standing and affectionate friendship, as well as a close professional partnership at Berkeley, for almost 11 years.   While Fleming acknowledges that their relationship was occasionally flirtatious and familiar, both he and Leite agree that at no time were the two ever sexually or romantically involved.

Fleming maintains that he was nothing more than supportive of Leite, and that she never gave him any indication that any of his actions toward her were unwelcome.  In fact, Leite did not even raise any issue of alleged sexual harassment until well after her firing, Singer said.

“The allegations of harassment are not true,” Fleming said. “I am hurt and disappointed that Diane Leite has fabricated these charges to harm me and the University.  She wanted me to protect her job after the details of her affair became public.  I ultimately had to terminate her, once it became clear that she had lost the confidence of many in the University community.

Fleming noted that during the course of his 35 year career mentoring, teaching, and working with women, this is the first and only complaint of alleged improper conduct he has ever received.

Fleming also vehemently denied the UCOP finding that he had a “conflict of interest” and that he improperly tried to protect Leite’s job during the investigation into her conduct.   He noted that he acted in full accordance with UC procedures, and with the guidance and at the direction of University counsel. He did not protect Leite and, in fact, he ultimately made and carried out the decision to terminate her.  Leite herself admitted that Fleming never promised or gave her any favors and never made any threats to her.

“The University has made egregious errors in its handling of my case, but there is no internal procedure for me to appeal this unjust decision, and no way to clear my name,” said Fleming.  “At this point, I have not ruled out legal action.”

The allegations by Leite against Fleming are suspect as she never made them at the time of her firing in 2012.   Fleming was not even told of these charges until May of 2014– two years after Leite had been fired– even though her allegations went back to 2008, Singer said.

“These facts alone should have given the University pause in evaluating the merits of Leite’s allegations,” Singer said.  Rather than undertake an independent and unbiased review of all the relevant facts as required by its own policies and procedures, the University found against Fleming with no due process, said Singer.

About Graham R. Fleming

Graham R. Fleming has been the Vice Chancellor for Research at the University of California-Berkeley since 2009.   A decisive and visionary leader, Professor Fleming used the Office of Research to mobilize the vast and diverse scholarly talents of the Berkeley campus to address major challenges confronting the world. Because of his leadership, the campus is now positioned at the forefront of research in many areas, including energy and climate research, the theory of computing and data science, neuroscience and precision medicine. He strengthened and invigorated the invaluable role that ORUs, museums, and field stations play in the campus research landscape. He led the effort to strengthen UC Berkeley’s entrepreneurship and innovation ecosystem. These efforts will continue to ensure the university’s research excellence in the years to come.

He transformed the Office of the Vice Chancellor for Research. Among other things, he substantially expanded new funding opportunities, and successfully engaged external partners – federal and state agencies, industry, investors, foundations, private philanthropists, as well as other researchers – from around the world.

Professor Fleming created faculty teams that led successful proposal development for numerous new large-scale interdisciplinary institutes and centers that are fully supported by private philanthropy, including the Berkeley Initiative in Global Change Biology, the Berkeley Energy and Climate Institute (BECI), the Philomathia Center for energy and environmental research, the Simons Institute for the Theory of Computing, the Berkeley Institute for Data Science, the Social Science D-lab, the Kavli EnergyNanoscience Institute, and the Raymond and Beverly Sackler Center for Convergence Research.

Professor Fleming also established many new campus-wide programs to support faculty research based on a merit-based competitive review process across a wide area of disciplines that have attracted significant, new private philanthropic support. Prominent examples include the Bakar Fellows Program, which supports innovative research by early career faculty at UC Berkeley with a special focus on projects that hold commercial promise; the Rose Hills Innovator Program for faculty who are who are developing highly innovative research programs in STEM fields; the Chau Hoi Shuen Foundation Women in Science Program, which supports education and research projects of leading female UC Berkeley faculty; and most recently the Signatures Innovation Fellows Program to support faculty interested in developing market-based applications in the data science area.

In addition, Professor Fleming engaged with a group of prominent alumni and entrepreneurs to enhance UC Berkeley’s innovation ecosystem which, with the close partnership of the College of Engineering and the Haas Business School, led to the creation of new accelerator space at Skydeck in downtown Berkeley in 2012.

Prior to his appointment at Vice Chancellor for Research, Professor Fleming served as Berkeley Lab’s Deputy Director from 2005 through 2007, at the forefront of a major revolution in the biophysical sciences. Through joint appointments as a faculty member at UC Berkeley and founding director of both the Berkeley Lab’s Physical Biosciences Division and UC Berkeley’s California Institute for Quantitative Biosciences (QB3), Professor Fleming played a critical role in proposing and planning the construction of Stanley Hall which became the Berkeley home of QB3. Professor Fleming also played a key role in bringing the Energy Biosciences Institute to UC Berkeley, to date the largest industry partnership in higher education.

Throughout his career, Professor Fleming has worked to re-shape the intersection of physical and biological sciences, while maintaining his own ground-breaking research into ultrafast chemical and biological processes, in particular, the primary steps of photosynthesis. He has published close to 500 scientific papers in his field.

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San Francisco Archbishop Cordileone “Morality Clause” Respectfully Criticized in National Catholic Publication by S.F. City Attorney

San Francisco City Attorney Dennis Herrera Respectfully Criticizes Archbishop Salvatore Cordileone

San Francisco City Attorney Dennis Herrera Respectfully Criticizes Archbishop Salvatore Cordileone

 

San Francisco’ top legal officer today published an opinion piece in the National Catholic Reporter newspaper that was respectful to San Francisco Archbishop Salvatore Cordileone, but also challenged his stand on loyalty oaths and morality clauses for Catholic teachers, calling the Archbishop’s  move “high-handed and wrong.”

San Francisco City Attorney Dennis Herrera wrote “To me, San Francisco’s recent controversy threw into stark relief the challenges that make Pope Francis’ leadership so vitally important at this moment in our church’s history. Progress is desperately needed to renew our church’s mission to serve the world rather than scold it and to emphasize teaching that young Catholic consciences will recognize as legitimately Christlike.”

“So when church ideologues express disdain for contemporary society (as Cordileone often does) or bring disproportionate emphasis to the catechism’s most discriminatory and divisive elements (as Cordileone did last month), it risks losing a generation of Catholics quite unlike anything has before,” Herrera wrote.

Herrera’s respectful, but bold statement sent an arrow through the heart of the Archbishop’s stated arguments about why the loyalty oath for teachers is necessary in his opinion.

The Archbishop is fast becoming a pariah in San Francisco. He has grown distant from the parishioners, Catholic grade school and high schools, as well as San Francisco’s top Catholic families, all of whom have banded together to protest his loyalty oath.

There is a discreet, but fast growing grassroots movement against the Archbishop and it is hard to imagine how quickly he has lost both power and prestige in the Bay Area.  He is badly damaged as a leader and seems to be sinking in his own morass.  Now, with one of the top Catholic elected leaders in Northern California weighing in against him, he has no chance of success.

On top of the Archbishop’s rebuke by Herrera, the Teacher’s Union representing high school teachers said it will not accept his language as part of any of its collective bargaining agreements.  And, to add insult to injury, grade school parents at the historic Star of the Sea school are revolting against the Archbishop’s handpicked parish priest, Ft. Joseph Illo.

Illo started an international controversy by banning Altar Girls at Star of the Sea, removing Filipino women who had served for generations on the church altar, refusing to give blessing to non-Catholics and passing out an inappropriate sex pamphlet to second through sixth graders.

Lastly, City Attorney Herrera may have gotten the best line off in this entire debate: the San Francisco Chronicle reporter Kevin Fagan reported “Asked if he (Herrera) felt heinous as a man who has officially and unofficially promoted ideals so contrary to Cordileone’s moral code, Herrera paused for a moment while he carefully picked his words.

“Let’s just say I know I’m not gravely evil,” Herrera said.

The archdiocese had no comment on Herrera’s essay, the Chronicle reported.

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S.F. Archbishop Cordileone Flip Flops on Catholic School Teacher “Morality Clause”

Parents, Teachers, Students, Alumni at Catholic Schools React to SF Archbishop’s Latest Statements:

“Nothing Has Changed”

Star of the Sea School Parents Mount Effort to Overturn Changes at Grade School

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San Francisco—Concerned parents, students, teachers and alumni of Bay Area Catholic high schools today released the following statement regarding Archbishop Salvatore Cordileone’s proposed “morality clauses” for teachers and other staff:

“The San Francisco Chronicle today published an editorial stating that Archbishop Cordileone will no longer attempt to reclassify teachers and staff at four Catholic high schools as “ministers.” While it is true that he is no longer using that word, it is a mistake to believe that he has backed off his effort to reclassify teachers and other staff as ministers who would be exempt from anti-discrimination and other workplace protections. He has not. The Archbishop is still proposing that the teachers and other staff are ‘called to advance this religious mission’ and that their work is ‘ministry.’ This is not a meaningful change from the Archbishop’s previous proposal. The teachers want to be classified as teachers – and nothing else.

The Archbishop has also made no move to retract the language condemning members of our community by labeling their lives as ‘gravely evil.’ In fact, in a February 24, 2015 media advisory, his Archdiocesan spokesperson stated that ‘Nothing already planned to go in is being removed or retracted or withdrawn.’

The Archbishop is also now proposing to establish a committee of theology teachers ostensibly to help clarify the proposed handbook language. His formation of a handpicked committee gives the false impression of openness to dialogue, and gives him cover for speech that is very harmful to our children, faculty, staff and community.

We are concerned that Archbishop Cordileone was ‘surprised at the degree of consternation’ over his proposed changes to the collective-bargaining agreement and faculty handbook.  This clearly shows he is out of touch with his flock, with his teachers, with his parents, and with his alumni. We believe the solution is straightforward. We ask the Archbishop to cease in his attempt to reclassify the teachers as anything but teachers, and to use the current faculty handbook which has been in place and successfully utilized for years by Catholic high school administrators and staff.

We will remain steadfast in fighting for the elimination of handbook language which in any way would make our children, teachers or staff members feel unwelcome, unsupported or unsafe in our schools. We will insist that the employment rights of all teachers and staff be respected.”

Students will rally on Friday, March 6, from 5:30 – 6:30 at St. Mary’s Cathedral Plaza to celebrate the bedrock Catholic values of acceptance, love and justice. A forum to include parents, students and theologians is also planned for Monday, March 16 at the University of San Francisco. A number of parents and parishioners plan to boycott the Archbishop’s Annual Fundraising Appeal by either giving nothing or donating only a token $1 donation.

A full version of the Archbishop’s interview with the San Francisco Chronicle editorial board is available at http://blog.sfgate.com/opinionshop/2015/02/25/archbishop-cordileone-were-not-on-a-witch-hunt-video/

San Francisco parents at Star of the Sea School are also concerned over recent changes at the beloved neighborhood Catholic grade school where Archbishop Cordileone has installed one of his own, Father Joseph Illo.  Father Illo unilaterally ended a tradition of Altar Girls at the school and church and handed out pamphlets to second graders that “asked questions such as, “Did I perform impure acts by myself (masturbation) or with another (adultery, fornication and sodomy)?” and, “Did I practice artificial birth control or was I or my spouse prematurely sterilized (tubal ligation or vasectomy)?” as well as, “Have I had or advised anyone to have an abortion?” The Cordileone appointed  priest is also evicting homeless mothers and children from the Star of the Sea’s facilities that were the recipient of a grant from Salesforce.com founder and his wife Marc and Lynne Benioff.  Parents at the school are mounting an effort to undo changes made by Father Illo and Archbishop Cordileone there.

 

 

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Oro Loma Sanitary District Board Member Laython Landis Competency Questioned

Oro Loma Sanitary District Seek California Attorney General Kamala Harris Permission to File Quo Warranto Action

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 San Lorenzo, Calif.–The Board of Directors of Oro Loma Sanitary District  decided Tuesday to seek permission from the Attorney General of the State of California to sue to remove District Board Member Laython Landis from the Board on questions of mental competency.

“We are compelled to take this action to remove Director Landis because of concerns related to his mental capacity to hold office, ” said Board President Timothy P. Becker.

There have been numerous instances and complaints about the mental stability of Landis.  On a recent talk show appearance on KGO Radio, host Brian Copeland reported that Landis was unaware of his location or why he had been invited to attend – all after detailed invitations had been provided to him and he had travelled to the radio station’s studio.  At the Board Meeting of February 2, 2015, while members of the public described how hurtful his comments about African Americans had been, Director Landis stated “Who are they talking about?”

The District said it will seek permission from California Attorney General Kamala Harris to file a Quo Warranto action against Landis.  Quo Warranto is a special form of legal action used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she occupies.

Details about how a Quo Warranto works in California.

The District believes this action against Landis is warranted because his diminishing capacity is hurting the community and hindering the District’s ability to conduct normal business.

In a separate action, on Dec. 23, 2014, the District voted unanimously to publicly censure District Board Member Landis for a racially derogatory comment about African Americans made during a public committee meeting, as well as for other personal misconduct.

“As public servants to the citizens of the Oro Loma Sanitary District, we hold ourselves, our staff, and our elected officials to the highest standards.  That is why we were compelled to respond swiftly and responsibly to the unacceptable racial slur against African Americans made by District Board Member Laython “Judge” Landis at a Committee meeting held on December 10, 2014,” said Board President Becker.

Becker added that the District has previously warned and reprimanded Director Landis, but he seemed unwilling or unable to change his behavior.  The Board took the action to publically censure Director Landis for his behavior because it wants the public and the District staff to know that offensive, repugnant and wrongful behavior will not be tolerated.

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SF Tribal and Textile Arts Show Opens Feb. 5

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Excitement by collectors and fans of tribal, ethnographic and textile arts is building as two major tribal and textile arts shows are coming to San Francisco.

The annual San Francisco Tribal and Textile Arts Show at Fort Mason opens Feb. 4 and runs to Feb. 8.  The exhibition is the leading art fair devoted to the arts of tribal cultures in the U.S. and presents a comprehensive selection of international galleries representing the arts of Asian, Oceanic, African, Native American and Latin American indigenous peoples.

The 80 participating galleries will open from 6 to 9 p.m. Thursday, Feb. 5 for a sneak preview benefiting the DeYoung Museum Oceanic, African and Americas Department.  Opening night tickets cost $150.  This event features live music by Pacific Chamber Jazz, cuisine by McCalls Catering, and early access to the show.

The show opens to the public at 11 a.m. to 7 p.m. Friday Feb. 6 and runs through Sunday, Feb.8.  Tickets are $15.

Some of the world’s leading galleries and dealers of tribal arts will be exhibiting at the show: Wayne Heathcote, Jack Sadovnic Indonesian Art , Michael Hamson Oceanic Art, Bruce Frank Primitive Art, Robert Brundage Himalayan Art, Cathryn Cootner, Marc Assayag African & Oceanic Art, Jim Willis Tribal Art, Thomas Murray Ethnographic Art, Mark A. Johnson Tribal Art, Steve Berger Art Textile, Mehmet Çetinkaya Gallery, Joel Cooner Gallery,  Patrick & Ondine Mestdagh,  Pascassio Manfredi Gallery, John Ruddy, James Stephenson,  Ernie Wolfe Gallery, Jewels, Robert Morris Fine Art, Jacaranda Tribal, Farrow Fine Art Gallery, Miranda Crimp, Gary Spratt, Taylor Dale Tribal Art, Gebhart Blazek, Peter Boyd, Chris Boylan Oceanic Art, Galen Lowe Art & Antiques,  Anavian Gallery, Galerie Arabesque,  Bryan Reeves, and others.   

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A special tour of the show by Cathryn Cootner, emerita curator of textiles at the DeYoung, and a respected collector, author, lecturer, and tribal art dealer, is back by popular demand, as a tour guide leading “The Delight of Looking Closer.”  Cootner’s tours will be at 9 a.m. on both Friday Feb. 6 and Feb. 7 and cost $40 per person.

For more information or tickets, call 310.305.4543 or visit: http://caskeylees.com/SF_Tribal/SF_Tribal.html

The second event that is generating excitement in the tribal world is the opening of the DeYoung Museum’s exhibition of Masterworks of African Figurative Sculpture from the collection of Richard H. Scheller. The exhibition runs Jan. 31 to July 5.

A number of the works from the extraordinary collection assembled over the past 30 years by Scheller, a biochemist and executive at Genentech, are being gifted to the Museums in 2013 and 2014, and the Museums will receive additional gifts from the collection in the future.  These will enhance one of the world’s most important collections of Oceanic Art, the John and Marcia Friede collection, which is already exhibited at the DeYoung. This new addition of African art, combined with the Friede Oceanic collection, makes San Francisco one of the world’s premier museums of tribal art and keeps it at the forefront of presenting art that showcases the diversity of the world.

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Leslie Hatamiya To be Appointed First Executive Director of San Bruno Community Foundation

The Board of Directors of the San Bruno Community Foundation will consider final action to appoint Leslie Hatamiya as the Foundation’s first Executive Director effective Feb. 1. Ms. Hatamiya, a San Bruno resident, led the California Bar Foundation as its Executive Director from 2004 to 2012.

“The San Bruno Community Foundation presents a unique opportunity to benefit San Bruno’s dynamic, diverse, and resilient community over the long term,” said Ms. Hatamiya. “I would be honored to help build the Foundation into a valuable community resource that supports all of San Bruno.”

A graduate of Stanford University and Stanford Law School, Ms. Hatamiya has more than two decades of experience in building organizations and programs. Over seven years, Ms. Hatamiya transformed the California Bar Foundation into a vibrant center of philanthropy for California’s legal community.  She rebuilt the Board of Directors, developed a growing fundraising program, launched a highly successful scholarship program to increase diversity in the legal profession, sharpened its grant-making strategy, spearheaded a remake of its brand and public image, and strengthened its relationship with the State Bar of California. While at the California Bar Foundation, Ms. Hatamiya earned recognition as one of the “Best Lawyers Under 40” from the National Asian Pacific American Bar Association.

Prior to joining the California Bar Foundation, Ms. Hatamiya served as chief of staff and director of corporate communications and special projects at wireless broadband startup SOMA Networks; ran the Coro Fellows Program in Public Affairs in San Francisco; and helped build former U.S. Senator Bill Bradley’s 2000 presidential campaign as a deputy campaign manager. Recently, she staffed the John Paul Stevens Fellowship Foundation and launched the “Vote with Your Mission” campaign for the California Association of Nonprofits. She has also held positions at Stanford University, Yale University, with the U.S. Court of Appeals for the D.C. Circuit, and in Senator Bradley’s Capitol Hill office.

Ms. Hatamiya has been a longtime Stanford University volunteer, including service on the University’s Board of Trustees, the Alumni Association’s Board of Directors, and the National Advisory Board of the Haas Center for Public Service, which she chaired. She is also the author of Righting a Wrong: Japanese Americans and the Passage of the Civil Liberties Act of 1988, a publication of Stanford University Press.

Since moving to San Bruno in 2003, Ms. Hatamiya has been an active member of the community as a PTA leader, a volunteer for San Bruno Pee Wee Baseball, and a past AYSO soccer coach. Her ties to San Bruno reach back to World War II, when her mother and grandparents were among the Japanese Americans interned at the assembly center on the site of what are now the Shops at Tanforan.

“Ms. Hatamiya has wide-ranging experience in the public, nonprofit, political, and private sectors,” commented Nancy Kraus, Board President. “She has the perfect combination of experience, energy, vision, and sense of the community to lead the Foundation forward in its important work.”

The San Bruno Community Foundation was established by the San Bruno City Council to administer, for the long-term benefit of the San Bruno community, $70 million the City received in restitution from PG&E after the 2010 gas pipeline explosion in the City.

The Board-appointed Search Committee to fill the Executive Director position included Directors Dr. Regina Stanback-Stroud, Frank Hedley, and Board President Nancy Kraus. The recruitment process spanned several months led by the nationally recognized firm, The 360 Group.

 

 

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Charles Schwab Files Libel, Defamation Lawsuits against Beverly Hills Law Firm for Bogus Websites

Law Firm Steiner & Libo, Partner Leonard Steiner, Plaintiff Nicholas Behunin Sued by Charles Schwab Family For Libel

San Francisco-The Los Angeles law firm Steiner & Libo and one of its clients is being sued for defamation and libel for creating bogus websites as part of a plot to extract money from the family of respected investment advisor Charles R. Schwab, according to lawsuits filed today in Superior Court.

Legal complaints from Charles R. Schwab and his son Michael Schwab were filed against Steiner & Libo, partner Leonard Steiner, and plaintiff Nicholas Behunin of Los Angeles, Calif.

The lawsuits claims the law firm and its client knowingly made false claims on defamatory websites to purposely harm the reputation of the Schwab family in retaliation for not settling a lawsuit, which itself was an effort to shakedown the family.

The Charles R. Schwab lawsuit alleges the sites were “a tool for the extortion of Schwab” by creating the false impression that Mr. Schwab, his son, and family did business with a brutal dictator.

The defamatory sites state that Mr. Schwab sought to do business with the family of the late Indonesian dictator Suharto and his son Tommy Suharto, a convicted murderer. The sites advertise that Mr. Schwab can provide advice to investors on “how to profit from a brutal dictator” and methods to “launder money overseas.”

The Schwab lawsuits unequivocally state that neither Mr. Schwab nor his son Michael ever met President Suharto or Tommy Suharto or had any business dealings with them.

“The only reason to create these fraudulent websites was to besmirch the good name and reputation of Charles R. Schwab and his son Michael. Not one claim on the landing page of the site is true or correct and the guilty parties were aware of that prior to making the defamatory statements,” said attorney Robert R. Moore of the law firm of Allen Matkins, representing Charles R. Schwab.

The lawsuit claims “In sum, (Leonard) Steiner (Steiner & Libo and Nicholas Behunin) used the Websites as a tool for the extortion of Schwab.  The Website’s clear objective was, and is, to publicly embarrass and shame Schwab and then to leverage that public embarrassment into litigation advantage in Behunin’s lawsuit against Schwab.”

“The Defendants agreed to a scheme that included providing false and defamatory information to third parties who would post articles or blogs on the internet repeating the false and defamatory statements provided to them by Defendants…creating the impression that the false statements on the websites had been independently corroborated by the third-party posters,” according the lawsuit by Michael Schwab filed by his attorney David H. Schwartz.

Schwartz pointed to a false and defamatory story by HuffingtonPost.com blogger Bruce Fein entitled “Does This Schwab Charity Satisfy the IRS Perfume Test?<http://www.huffingtonpost.com/bruce-fein/does-this-schwab-charity-_b_5978502.html>” which is based on the libelous and defamatory statements from the bogus websites.

The Schwab’s attorneys said the bogus websites were posted after they refused to pay $25 million to Nicholas Behunin, who, through his attorney Leonard Steiner, threatened to sue unless the payment was made.   When no payment was made, Behunin sued the Schwabs on May 28, 2014, to recover his purported ownership interest in a real estate development venture with Michael Schwab. (The case is Sealutions LLC et al. case number BC546925, in the Superior Court of the State of California for the County of Los Angeles).

“The only purpose and intent of this scheme was to force a settlement through the implicit threat that Defendants would continue to disseminate such false and defamatory statements to the public unless and until Plaintiff and/or his father agreed to a settlement of the pending action,” according to the suit by Michael Schwab.

The Schwab legal filings claim that they initially contacted attorney Steiner in early October to inquire if he or his client was responsible for the websites. Steiner told them he had no knowledge of the sites, according the lawsuits.  The websites were registered anonymously. After further investigation, the Schwab’s attorneys found the sites were registered to Levick Strategic Communications public relations.  Later, after notifying attorney Steiner again, he still denied knowledge of them. After that contact with Steiner, the Schwab lawsuit says, the website was changed to include the name of Steiner & Libo law firm. In the past few days, the firm removed its name and now the site lists its owner as: N. Behunin.

Charles R. SchwabCharles R. Schwab

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Koret Foundation Criticized for Sexism in Lawsuit Against Susan Koret

Koret Foundation Should Apologize for Statements Against Immigrant and Domestic Workers

Partner of the San Francisco law firm Greene, Radovsky, Maloney, Share & Hennigh

Partner of the San Francisco law firm Greene, Radovsky, Maloney, Share & Hennigh

 

Anita Friedman, JFCS

Anita Friedman, JFCS

 

San Francisco—A diverse group of immigrant, domestic worker, labor and Jewish advocates demanded the Koret Foundation apologize for and withdraw negative comments directed against Susan Koret, the widow of Koret Foundation founder Joseph Koret, who sued for the Foundation for misdirecting and misusing monies from her husband’s fortune that were meant for the poor.

“The comments by the Koret Foundation and its spokesperson denigrate not only Ms. Koret, but they demean people of color, women, and those workers who tirelessly give their lives to improving the lives of others,” said Alysabeth Alexander.

At issue was a statement by official Koret Foundation spokesman Nathan Ballard who told the media, in response to Ms. Koret’s lawsuit, that “Susan was a housekeeper to Joe Koret and his first wife, Stephanie, and was only married to him for a brief period.” Mr. Ballard is also the spokesman for the Golden State Warriors NBA basketball team.

The group said Ballard’s “denigration of Susan Koret’s background as a housekeeper in an attempt to discredit her is both sexist and classist and should have no place in the public discourse in San Francisco. His statement and language is purposely designed to demean and denigrate women, immigrants, and domestic workers and is unacceptable under any circumstance.”

The group also wrote the Foundation in its letter, saying “While we cannot speak to Ms. Koret’s service on your Board of Directors, we can say that some of the Koret Foundation’s contributions to conservative, right-wing causes that were highlighted in recent news articles are anathema to those of us who work every day to lift up low-wage workers, immigrants, women, and communities of color.”

The letter was sent to the entire Koret Foundation board, including real estate investor Tad Taube; Richard L. Greene of Greene Radovsky Maloney Share & Hennigh; Anita Friedman, the executive director of director of Jewish Family and Children’s Services in San Francisco; Richard Atkinson, former president of the University of California; Michael J. Boskin, Senior Fellow at the Hoover Institution; and Abraham D. Sofaer, Senior Fellow at the Hoover Institution.

The Koret Board is expected to attend  the opening next week in Warsaw, Poland, of the Museum of the History of Polish Jews. There may be protests in Warsaw against the Koret Foundation because of  the alleged misdirection of Koret funds to the museum by Taube and the Koret Board and their alleged discrimination against Mrs. Koret.

The full text of the letter is below:

 

Open Letter to the Koret Foundation Board of Directors

October 17, 2014

It is with great concern we write to you regarding comments made by your spokesperson, Nathan Ballard, in the San Francisco Chronicle on October 8th about Susan Koret.

“Susan was a housekeeper to Joe Koret and his first wife, Stephanie, and was only married to him for a brief period. Susan is an incompetent director who lacks even a basic understanding of the foundation and its operations.”

Mr. Ballard’s denigration of Susan Koret’s background as a housekeeper in an attempt to discredit her is both sexist and classist and should have no place in the public discourse in San Francisco. His statement and language is purposely designed to demean and denigrate women, immigrants, and domestic workers and is unacceptable under any circumstance.

From reports, we understand that Susan Koret is an immigrant from Korea who began her career as a housekeeper. While we can’t speak to her personal experience or to the legal dispute at the Koret Foundation, we know that the contributions of millions of immigrant women–a great many of whom are domestic workers–should never be slighted.

Domestic workers care for our children, our parents, our elderly, and our communities. Many of us in San Francisco have fought to get the importance of domestic work recognized, so that the workers can enjoy many of the same right that the rest of us take for granted. With a significant legislative victory this year in Sacramento, now is not the time to go backwards.

We know that millions of immigrant women work tirelessly to improve the lives of their families and communities. This experience provides a critical perspective that is often-times missing when important decisions are made.

While we cannot speak to Ms. Koret’s service on your Board of Directors, we can say that some of the Koret Foundation’s contributions to conservative, right-wing causes that were highlighted in recent news articles are anathema to those of us who work every day to lift up low-wage workers, immigrants, women, and communities of color.

We demand that the Board of Directors and Nathan Ballard immediately apologize for and withdraw the negative comments directed against Ms. Koret that demean all people of color, women, and those workers who tirelessly give their lives to improving the lives of others.

Sincerely,

National Domestic Worker Alliance

Alysabeth Alexander, Vice-President of Politics, SEIU Local 1021*

Juanita Flores, Co-Director, Mujeres Unidas y Activas

Katie Joaquin, Campaign Director, CA Domestic Workers Coalition

Hene Kelly, Jewish Labor Committee*

Andrea Lee, Co-Director, Mujeres Unidas y Activas

Shaw San Liu, Tenant and Workers Organizing Center, Chinese Progressive Association*

Kay Vasilyeva, Former Board Member, SF Women’s Political Committee*

*organization listed for identification purposes only — does not imply organizational endorsement

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Koret Foundation Sued by Widow Who Claims Board Members Uses Charity as “Personal Piggy Bank”

Jewish  Family and Children's Services

Anita Friedman Jewish Family and Children’s Services

President of Koret Foundation

Tad Taube, President of Koret Foundation

Partner of the San Francisco law firm Greene, Radovsky, Maloney, Share & Hennigh

Richard L. Greene, Partner of the San Francisco law firm Greene, Radovsky, Maloney, Share & Hennigh

Board Member and Silicon Valley Real Estate Investor Tad Taube, San Francisco Attorney Richard L. Greene, JFCS Director Anita Friedman, Other Board Members Shun the Poor, Bay Area, Jewish Causes—in Favor of Spending Foundation Resources on Conservative and Pet Projects at Half-Billion Dollar Charity

 

San Francisco—The Jewish community from San Francisco to Poland was rocked this week when the widow of Koret Foundation founder Joseph Koret filed a lawsuit against the Koret Foundation and its Board of Directors for conflicts of interest and self-dealing.  The lawsuit says the Koret Board is illegally funding pet projects that include right-wing conservative causes in the United States to wrongly spending $10 million to the Museum of the History of Polish Jews.

The lawsuit said the wrongdoing is being orchestrated by Koret Foundation President Tad Taube, a native of Poland and well-known right wing conservative Republican.  The suit also lays blame on Taube’s personal attorney and Board member Richard L. Greene of Greene Radovsky Maloney Share & Hennigh LLP and Anita Friedman, the executive director of director of Jewish Family and Children’s Services in San Francisco as well as board member Richard Atkinson, former president of the University of California; board member Michael J. Boskin, Senior Fellow at the Hoover Institution; and board member Abraham D. Sofaer, Senior Fellow at the Hoover Institution.

The suit filed October 7, 2014 in San Francisco Superior Court by Mrs. Koret alleges that under Taube’s direction the board has ignored the priorities established by her late husband to help the poor and assist Jewish causes in the Bay Area and Israel.

Instead, her suit claims, the Koret board is using foundation funds to promote programs closely affiliated with individual board members and is purposely confusing the public by putting signage that prominently features Taube’s name alongside the Koret Foundation name on buildings and grants for which the Koret Foundation is the principal funder.

“Defendants’ duty of loyalty to the Foundation has been corrupted by these directors’ close affiliations with many of the Foundation’s recent grants, resulting in tens of millions of dollars distributed due to self-interest,” according to the lawsuit.

The suit demands the removal of the Koret board members and calls for their replacement with the appointment of an independent board with a majority of Jewish directors.

“Taube says publicly that giving to the poor is “a bottomless pit.” Instead he has led the Koret Foundation by focusing its giving to organizations identified with him, creating a corporate culture of directors who rubber stamp his decisions as long as their favored organizations are also supported.  “In elevating their own and affiliated interests while ostensibly making decisions for the Koret Foundation, defendants are breaching duties of loyalty that require them to serve faithfully the interests of the Koret Foundation” the lawsuit claims.

“Alleviating suffering and misfortune were my husband’s top priorities,” said Mrs. Koret. “Joe and Stephanie’s money shouldn’t be used for Tad Taube’s pet projects in Poland or to help conservative economic and policy think tanks–not when so many in the Bay Area go to bed hungry every night and Jewish causes need support.”

Supporting her lawsuit is Joe and Stephanie Koret’s closest surviving family member, nephew Merv Brown of Walnut Creek, who worked with the Korets for decades.  He said about the suit:

“With all respect to Mr. Taube, if he wants to spend money on Poland, he should use his own money–not my uncle’s and my aunt’s–to assist his homeland. I am proud to stand with Susan Koret to support and endorse the directions and wishes of my family that their fortune be spent as Uncle Joe wished: to help the poor and Jews in Israel and the Bay Area.”

The San Jose Mercury News reported that: “Mrs. Koret is doing a favor for the entire Bay Area community with her lawsuit,” said longtime friend Julie Goodman. “She has a lot of courage. No one else has had the guts to take on Mr. Taube, who has used his power, plus his and the Koret Foundation’s money, to bully a lot of people and organizations into subservience.”

Mrs. Koret’s lawsuit alleges that others, including “philanthropic civic leaders and former and current staff members will support Mrs. Koret in her efforts to restore the Koret Foundation’s purpose and dignity free of the control of Mr. Taube.”

The lawsuit claims that, at Taube’s direction, the Koret Foundation has donated approximately $9 million to the Museum of the History of Polish Jews in Warsaw, a pet project of Taube, who was born in Poland.  “

While the Polish Museum commemorates significant Jewish history, the diversion of Koret funds to Poland is not in keeping with my husband’s charitable mission…and in effect drains funds that could benefit the needy in communities in the Bay Area and Israel,” the lawsuit states.

Sam Singer of Singer Associates, Inc., who is acting as a spokesman for Mrs. Koret in the lawsuit, said the lawsuit will attempt to claw back the $9 million in money from Taube that was given to the Museum of the History of Polish Jews and return it to the Koret Foundation. The Museum of the History of Polish Jews is scheduled to open Oct. 28 in Warsaw. The Museum is reported facing financial difficulties, according to Polish media reports.

Mrs. Koret noted her husband was a native of Odessa, Russia, who immigrated to America, struggled growing up poor in the U.S., and then struck it rich later in life in clothing and real estate. He was deeply committed to humanitarian causes such as alleviating hunger,  and would “be deeply angered and offended by Tad Taube and the board’s strong support of conservative  causes and grants that divert money needed for the local community and Jewish causes.”

The lawsuit asks the court to prevent the spending down of the Foundation’s assets by Taube and the board members with whom he has surrounded himself and allow the appointment of a new, independent board to carry out its mission and save the Foundation.

Mrs. Koret was named a lifetime director and chairwoman of the Foundation prior to her husband’s death in 1982. She was entrusted by her late husband to carry out the family legacy of caring for the poor and supporting Jewish and community causes through the Koret Foundation, according to the lawsuit.

The lawsuit also recites that the board has rejected a series of Asian and African-American candidates for board membership, including their rejection last month of former Mayor Willie Brown as president of the Foundation.

Mrs. Koret said she has been marginalized as Taube, a Silicon Valley real estate investor, and his hand-picked supporters on the board steer donations toward causes in which they have affiliations.

Mrs. Koret said she filed the suit as a last resort after her efforts to diversify the board, get independent legal advice, confirm the perpetual nature of the Foundation and redirect funds back to her late husband’s mission were rebuffed.  She fears the Koret Foundation is facing destruction of its mission and eventual collapse unless changes are made.

She said in the last 12 months, Taube has undertaken three major real estate transactions:  the sale of the Foundation’s largest real estate asset; marketing of another Foundation property; and refinancing a significant loan on a third Foundation property. The collective value of the real estate involved in these transactions is several hundred million dollars, according to the lawsuit.

“Over Mrs. Koret’s objections, defendants approved engaging a broker associated with defendant Taube’s real estate businesses to sell, market and refinance the Foundation’s properties and split its commission with Taube Investments, without disclosing the percentage commission split.  This conduct violates state and federal law and is breach of fiduciary duty,” the lawsuit states.

The Foundation’s general counsel and Taube attorney Richard L. Greene, over Mrs. Koret’s objection, failed to advise that an independent appraisal or broker was needed to market the Foundation property and refinance the loan, even though the same broker associated with Taube’s businesses was engaged for both these real estate transactions, according to the suit.

“Greene’s conduct … may expose the Foundation to claims of self-dealing, is contrary to California professional rules for attorneys in avoiding conflicts of interest, and causes economic injury to the Foundation,” the lawsuit states.

The lawsuit alleges that Taube is a shameless self-promoter who has personally selected board members to rubber stamp his decisions in exchange for support of their own pet projects. Additionally, the suit says Taube established his own foundation, called Taube Philanthropies, but uses money and staff from the Koret Foundation to pay for and enhance joint projects of Taube Philanthropies and the Koret Foundation.   A review of the Koret Foundation’s public filings shows reported annual salaries and compensation of officers exceeded $1.9 million in 2011, while Taube Philanthropies showed no such expenses for the same period, according to the lawsuit.

Mrs. Koret’s lawsuit charges that out of the $64 million gifted by the Koret Foundation between 2010 and 2012, nearly 60 percent was spent on causes outside the stated mission of her husband, the late Joseph Koret.

The lawsuit claims conflicts of interest, self-dealing, and breaches of duty abound on the board:

  • The Koret Foundation’s Executive Director Jeffrey Farber provides no independent management, reaps a large salary and perks at the Foundation, has little involvement in grant-making and does only what Taube asks him to do.  Farber is also a member of the Taube Philanthropies board, creating a serious conflict of loyalty and duty.   His wife works for Koret Board member Anita Friedman at Jewish Family and Children’s Services, yet another conflict.

Koret Board Member Anita Friedman, director of Jewish Family and Children’s Services, JFCS, sits on the Taube Philanthropies board as a director. Friedman makes up to $380,000 per year as executive director of JFCS, which is a major recipient of Koret funds. During September’s Koret Foundation meeting, she oversaw and participated in a vote granting $1.2 million to the Shalom Hartman Institute, where she also sits on the board.

While JFCS and Shalom Hartman are worthwhile causes, Friedman has failed to recuse herself in any discussions of massive grants to entities where she is on the board or employed. Friedman sees no conflict in directing millions in additional funds to entities where she has other interests and has no inclination to resign her JFCS position. Friedman has voted against every initiative by Mrs. Koret over the past two years seeking to bring independence, balance and transparency to the Koret board.

  • Michael J. Boskin is a Senior Fellow at the Hoover Institution, which has received millions from the Koret Foundation over the years. Earlier this month, the board approved another $280,000 grant to the Stanford Institute for Economic Policy Research where Boskin is also a Senior Fellow and former director. Since 1992, Koret has approved grants totaling $4.5 million to support SIEPR, and millions to Hoover through Stanford.

 

  • Abraham Sofaer is another interlocking director on the board of Taube Philanthropies, and is also a Senior Fellow Emeritus at the Hoover Institution, based at Stanford University.  From 2010-2012, the Koret Foundation’s funding to Hoover and Stanford of nearly $4 million was about equal to its total support of all social welfare causes in the Bay Area combined.

 

In the lawsuit, Taube, a member of the Board of Overseers and the Executive Committee of the Hoover Institution, is alleged to have misused Foundation money to pay consultants to write editorials opposing Obama administration policies and to attend trips in support of Hoover.

The lawsuit also alleges that Taube:

  • Reduced funds targeted for Koret Foundation grantees and increased funds to organizations that are his personal favorites.

 

  • Used Koret funds to pay millions of dollars to entities affiliated with him or his close associates to manage the Foundation’s real estate holdings.

 

  • Without board approval, commissioned and installed a life-size mural depicting himself and now hung inside the Koret Foundation’s new headquarters in San Francisco at a cost to the Foundation of $80,000.

 

  • Paid more than $75,000 in Foundation money for promotional materials about himself, including booklets and newspaper advertisements.

 

  • Subsidized the operating costs of Taube Philanthropies by using Koret staff and resources for joint grant projects, and used Koret Foundation resources for travel, marketing and personal expenses.

 

  • Terminated a $35,000 contract of an independent publisher of a book about the life of Joseph and Stephanie Koret, the founder’s first wife. Taube was reportedly angry that the book was not about him or his contributions.

 

  • Along with counsel and board member Richard L. Greene, discriminated against and ridiculed Mrs. Koret and prevented her from speaking with Foundation staff.

Mrs. Koret in her lawsuit pledges to maintain the priorities of her husband by broadening the Koret board to include community leaders while maintaining a majority of Jewish directors.  She is committed to maintaining support for the anchor institutions in the Bay Area that Koret has supported over many years and to prevent any continued diversion of funds to out of mission organization and countries.

 

Jewish  Family and Children's Services

SUED: Anita Friedman, Jewish Family and Children’s Services

Partner of the San Francisco law firm Greene, Radovsky, Maloney, Share & Hennigh

SUED: Richard L. Greene, Partner of the San Francisco law firm Greene, Radovsky, Maloney, Share & Hennigh

President of Koret Foundation

SUED: Tad Taube, President of Koret Foundation

 

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Ro Khanna Campaign Silent Following Homophobic Rant by Republican Supporter Ernie Konnyu: Editorial

 

Ro Khanna Campaign Silent

Ro Khanna Campaign Silent

Congressional candidate Ro Khanna should  immediately take action and publically denounce the support of homophobic former Congressman Ernie Konnyu, Khanna’s highest-profile Republican endorser.

Konnyu, a one-term Silicon Valley Congressman who was voted out of office following a sexual harassment scandal, made news last week for orchestrating Tea Party support for Khanna, who is hoping to unseat longtime U.S. Rep. Mike Honda, D-San Jose.

But this week Konnyu took his right-wing vitriol a step further, using Facebook to publically attack the San Jose Silicon Valley Chamber of Commerce PAC for supporting openly gay Campbell Mayor Evan Low in his State Assembly race against former Saratoga mayor Chuck Page.

Konnyu waged his attack last Friday on a Facebook comment by former Chamber CEO Jim Cunneen, calling it “sick” that the Chamber PAC would support “a liberal so left that he wants to change the law to allow blood donations by gays. This, even though the current law forbids it since such blood has a risk of transferring the deadly AIDS virus. Yes! Gay pride is worth more with Evan Low than our citizens’ lives.”

Despite Cunneen’s efforts to prevent Konnyu from doing more damage by “counting to 10 before posting on Facebook,” Konnyu instead redirected his attack on Cunneen. “I am wiser, more experienced, and a lot older than you,” he said.

The San Jose Inside blog broke the story Wednesday but so far we’ve heard nothing from the Khanna campaign. By contrast, following last week’s news about the Tea Party’s support, Khanna’s campaign immediately responded with a “with friends like these…” shake of the head.

Konnyu is becoming a tremendous liability for Khanna, and we’re shocked that Khanna hasn’t denounced Konnyu’s misguided statements and support.

Let’s face it; Khanna doesn’t have a shot at defeating Honda, a seven-term incumbent with a proven track record of fighting for civil rights and same-sex equality.  However, that’s no excuse not to stand up and speak out against this kind of discrimination and homophobia – in his district and on his endorsement list.

 

 

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Splunk Technology Co. To Occupy 270 Brannan St.–Groundbreaking Draws Mayor Lee, SKS Partners, Mitsui Fudosan America

001 (1) 

Mayor Ed Lee today joined SKS Partners, Mitsui Fudosan America and more than 50 dignitaries at a ceremony today to officially break ground on 270 Brannan St. – the new 213,000 gross sq. ft. office building located in the heart of San Francisco’s SOMA neighborhood.  The space is already 100 percent leased to machine data player Splunk, which has another leased office building within the block of the new development.

“Our City’s South of Market neighborhood is going through an exciting renaissance, transforming an underutilized warehouse district into a growing, modern mixed-use area with office space, housing and small businesses,” said Mayor Lee. “I am thrilled to break ground on the 270 Brannan St. office building with SKS Partners and Mitsui Fudosan America who are committed to working with the community to ensure this neighborhood thrives economically yet maintains its historic presence.”

The building is being developed as a joint venture between San Francisco’s SKS Partners and Mitsui Fudosan America. The building was designed by prominent local architect, Peter Pfau, and Charles Pankow Builders is the general contractor.

Splunk, the big data technology company, will occupy the building when it opens in Dec. 2015.

“270 Brannan is the realization of the City’s 2008 Eastern Neighborhoods plan, creating a new office building for the growing economy that respects the historical context of the South Beach neighborhood,” said Dan Kingsley and Paul Stein, the Managing Partners at SKS.

City planners have praised the design of 270 Brannan St. for incorporating the character and history of the neighborhood while meeting the needs of its tenants.

The building will include a 5,000 sq. ft. internal atrium which will connect the building’s five-story front section and seven-story rear section. The building is targeting LEED Platinum Certification by the US Green Building Council and has many environmentally-friendly features such as roof-top solar panels.  It also includes spaces for 52 bikes along with adjacent showers and lockers in its basement. Automobile parking is limited to 12 spots in the building’s underground garage.

The building’s design will feature a pattern of alternating aluminum curtain wall windows and terracotta cladding on its Brannan Street façade, consistent with the surrounding South End Historic District. The rear façade, which fronts on DeBoom Street, will feature terracotta cladding on the lower floors with a floor-to-ceiling glass curtain wall on the top two floors.

“This groundbreaking is happening during a truly important time for environmental responsibility, both locally and globally. We are making real and lasting investments to improve our city, while protecting our environment and creating new jobs,” said Yukio Yoshida, President of Mitsui Fudosan America. “This building is believed to be one of the first to feature more bike parking spaces than car parking stalls in the history of San Francisco real estate developments and that, in and of itself, is a huge indication that we are opening a new chapter in San Francisco’s history of progress.”

The new 270 Brannan St. is scheduled to open in December 2015.

For more information, visit www.270brannan.com

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The Gorilla Foundation Announces New Focus, Key Hires and Important Organizational Changes

KoKo gorilla

Koko gorilla

San Francisco–The Gorilla Foundation announced a series of important changes today, including anticipated new management positions, potential new Board members and a certain new focus, all designed to strengthen one of the world’s leading organizations for great ape understanding, care and conservation. “We have come to a crossroads in our Foundation’s history, and we have recognized the need to do more for the cause of the great apes through building global empathy for their preservation and care”

These improvements, made after an extensive internal review with the help of the Foundation’s Scientific Advisory Board, Governing Board and outside consultants, seek to balance the vital goals of caring for and protecting the gorillas (Koko and Ndume) while refocusing and reinvigorating the organization’s core mission of learning about gorillas through direct communication, and applying that knowledge to advance great ape conservation and prevent their extinction through education, compassionate care and empathy worldwide.

“We have come to a crossroads in our Foundation’s history, and we have recognized the need to do more for the cause of the great apes through building global empathy for their preservation and care,” said Dr. Penny Patterson, the lead researcher behind the Foundation’s groundbreaking “Project Koko,” which is to date the longest running interspecies communication project in history and the only one involving gorillas.

“Koko and her family have taught us so much over many decades and now, more than ever, we feel it is incumbent on this organization to share what we’ve learned with people across the globe, as a way to help put an end to poaching and build compassion for enhancing the care of gorillas and other great apes everywhere,” she said.

The Gorilla Foundation was founded in 1976 by Dr. Patterson, Ron Cohn and philanthropist Barbara Hiller to expand the groundbreaking and unique work of “Project Koko,” the first-ever project to study the linguistic capabilities of gorillas through sign language. Today, after decades of research and learning, Koko is able to use more than 1,000 signs, understands as many words of spoken English, and demonstrates the amazing ability to communicate her thoughts and express her feelings through sign language.

With the goal of protecting and honoring this legacy for generations to come, the Foundation’s leadership today announced, in addition to organizational changes, a series of goals and programs that are designed to make better use of what Koko and her family have taught us over the years. These include:

RESEARCH:

1. Gorilla Emotional Awareness Study (GEARS) will provide an analysis of Koko’s awareness of her emotions (introspection) and the emotions of others (empathy), in research made possible by her unique communication abilities.

2. Digital Data Archival of Project Koko for Future Crowd-Sourced Research will involve a partnership with a major university to digitize and preserve four decades of unique Gorilla Foundation data and archive it in a form that will facilitate analysis and collaboration.

EDUCATION:

3. Koko Signing App will allow the public to learn to sign with Koko and to understand her in videos designed to advance the public’s knowledge about gorillas and learn about their need for compassionate conservation.

4. Project Koko Interactive Database will be made available to scientific colleagues and great ape facilities so that they can make use of our direct experience and data, gained through years of communicating with gorillas.

CONSERVATION:

5. Publication of new book (with video), Michael’s Dream, about the remarkable life of Koko’s gorilla friend Michael, who, on several occasions, communicated (in sign language) his memory of witnessing his gorilla mother being killed by poachers in Africa. This was documented on video.

6. Wide Distribution of Koko’s Kitten & Michael’s Dream Books and Educational Curricula throughout Africa, to strengthen compassionate conservation values and support the preservation of endangered gorillas In their homelands. This builds on our successful distribution of Koko’s Kitten (and curriculum) to over 100,000 students in Cameroon.

CARE AND WELLNESS:

7. Enhancement of Koko & Ndume’s facilities to enrich their lives, expand their options for exploration and privacy, and create capacity for a larger gorilla family.

8. Gorilla Interspecies Communication Work/Play-Station will provide the gorillas with the use of interactive computer technology (including “tough tablets”) to allow them to have fun, express their preferences and have more control over their environment.

ORGANIZATIONAL INFRASTRUCTURE:

9. Expanding the Foundation’s Board of Directors to include more experts in our highly specialized field, as well as strategically selected business, finance and fundraising experts.

10. Developing a new executive team for leadership, fundraising and building strategic alliances.

These changes are being made as part of a focused process with three primary goals: 1) to ensure the care and protection of Koko and Ndume now and into the future and 2) to better apply the lessons learned by the Foundation to protect and enhance the lives of gorillas and other great apes worldwide, and 3) to allow our enlightening dialogues with Koko, Ndume and other gorillas to continue.

The Foundation’s leadership is tremendously appreciative of the contributions of its Board of Directors, Advisory Board, and its many consultants and colleagues, who were integral to the development of this new vision.

For more information about the Gorilla Foundation, visit www.koko.org.

 

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Third Highest Winner At Twin Pine Casino Slot Machines

The second largest jackpot ever at Twin Pine Casino & Hotel was won on August 3rd, 2014. The lucky patron hit a slot machine jackpot of $3,060,857. The winning pull was on an IGT progressive “Mega Bucks” machine. This is coming off of a July win, which was the 3rd highest jackpot payout month at Twin Pine Casino & Hotel. This is also the second time that a “Mega Bucks” machine at Twin Pine has created an instant Millionaire. Back in December of 2012, a lucky guest hit a staggering 8.4 million dollar jackpot. In the last 5 years alone, there have been 3 winners of up to $8 Million and 3 of up to $600,000K with lots of other big winners in between. They call Twin Pine Casino the Home of the Big Jackpots.

The lucky winner was from the East Bay. He and his wife had only been here for a short time when fortune came calling. The gentleman repeatedly asked staff “is all of this real?” He is a regular patron at Twin Pine Casino & Hotel and knew that the Home of the Big Jackpots would someday call his name. With a big smile he said, “my daughter is going to college and I will be paying her tuition”.

Twin Pine Casino & Hotel is owned and operated by the Middletown Rancheria of
Pomo Indians of California, located in Middletown, California.

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Oakland Mayor’s Race: Candidate Bryan Parker is Focus Of Unfair Domestic Violence Attacks

Bryan Parker, Candidate for Oakland Mayor, Faces Unfair DV Attacks

Bryan Parker, Candidate for Oakland Mayor, Faces Unfair Domestic Violence Attacks

Bryan Parker, the man I’m backing in the Oakland Mayor’s Race, is the focus of an unfair and hidden attack, writes Oakland blogger Zennie Abraham in his Zennie62.com blog. The rest of his post from yesterday is a fascinating overview of the silent attacks in political campaigns in Oakland, and in general.  We publish the column here for our readers:

For months, there’s been a whisper campaign brewing among Oakland insiders about the problems and issues of most all of the candidates. One of the most insidious rumor campaigns is about Bryan Parker. With 20 candidates now in the race for Oakland Mayor (not including Charlie The Dog) it was only a matter of time before the attacks started.

Soon after those whispers started, I received an anonymous package with two unverified, but authentic looking police reports filed against Parker a decade ago that describe two separate domestic issues between him and two different women, one in 2003 and one in 2006.

I have reached out to both of these women for comment and noticed that one is actually a volunteer on his campaign. I have chosen not to identify the women involved until at least I have the chance to discuss it with them.

As for the allegations in these reports, they show heated arguments between Parker and the women involved. They paint a less-than pretty picture and allege such things as harsh words and the brandishing of a hand gun used for intimidation purposes.

Bryan and I have talked about this issue before.

I reached out to Parker and he provided me with the statement that appears here (Bryan Parker Statement On Smear Campaign), saying he, too, had also received these police reports anonymously several months ago when someone left them in his fiancé’s mail box (which, if you think about it, is a form of harassment and intimidation).

 

Although Bryan was not surprised these incidents had come forward given the competitive mayoral campaign, he also had no awareness that these reports existed until now.
This made me curious as to the source of the information.

Considering the timing, all logic would suggest it was an operative of Mayor Jean Quan who was distributing these reports in an attempt to eliminate potential competition. Parker was one of the first candidates to announce and has remained a formidable frontrunner, although the field has recently grown widely.

Whether or not Quan’s campaign is behind this (and I’m told that it is, so Mayor Quan’s going to have to stop texting and driving and talking) there’s no doubt that the distribution of these reports are tactics being used by an opposing campaign.

For me, the question becomes should this be an issue?

These police reports were taken at the request of the women involved. No follow up investigation or reports exist about whether Parker was ever personally contacted by police about these allegations.

More important, no charges were ever filed against him because it appears the facts of both cases did not merit further investigation or action.

If all that is true – and these reports do in fact document heated disagreements between Parker and past partners – should they matter in this Mayor’s race?

As so often the case in politics, opponents are prone to cast broad and damaging allegations supported by little proof. Those of us who cover politics are accustomed to smear campaigns.

Character does matter and while it seems that Parker may have had some anger issues as a young man, but by all accounts there is just no semblance of that by anyone who has worked or dealt with him currently, including his fiancé Kamala Peart. (Kamala Peart Statement On Smear Campaign)

When reached for comment, Peart told me that she and Parker have shared the ups and downs expected of long-term relationships, saying: “While Bryan is not perfect, I know he is a man of kindness and compassion who has never been in trouble with the law or otherwise. I am proud to know that I am marrying a man who cared enough about his own self-improvement to seek counseling and work on his spirituality so that he could learn how to be the best man and partner he can be. I would never expose my children to a person who was anything other than kind and loving.”

I also spoke to some of my friends in law enforcement. They said that that they take and such reports seriously – if they had any merit, they would have followed up on them with urgency. The fact that they did not can only mean that officers found the allegations to be less than credible.

As I considered my pick for Oakland’s next mayor, I’ve weighed all of the issues against my own experience as Economic Advisor to Oakland Mayor Elihu Harris, and President Of The Super Bowl XXXIX Bidding Committee, including character, vision and, more important, a candidate’s ability to lead. Bryan Parker is still my top contender, and in rank choice fashion followed by Oakland Councilmember Libby Schaaf and Joe Tuman, 1, 2, and 3.

Not only does this latest incident demonstrate personal growth in Bryan, but it also shows integrity – here’s a candidate who is not shying away from his past and who is using personal experience to become a better person and leader in the future.

Meanwhile, Mayor Quan still has to talk about the active lawsuit filed against her by Donna White, who asserts that an “entourage” representing Oakland Mayor Jean Quan blocked Ms. White from sitting in an area that’s normally designated for the disabled.

Stay tuned.

By Zennie Abraham of Zennie62.com, an Oakland political blogger and opinion leader.

 

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Editorial: Good Riddance to George Lucas Vanity Museum: Chicago Be Careful What you Pray For

 

Alfred E. Neuman artwork is part of George Lucas 'art collection."

Alfred E. Neuman artwork is part of George Lucas “art collection.”

 

It was great to read the San Francisco Chronicle today and see two of its leading writers, Chuck Nevius and John King, both essentially say “Hasta la Vista, Baby!” to the vanity museum that Star Wars filmmaker George Lucas wanted to build in San Francisco’s Presidio.

The real story isn’t that Chicago “won” the Lucas Cultural Arts Museum, but rather that San Francisco was victorious in rejecting a poorly-designed monstrosity that would have housed the personal collection of George Lucas’ kitschy art collection.  Chicago has “won” Lucas’ oversized ego, his childish behavior, his grumpy development team, and his collection of art that would be best exhibited in a suburban mall.

All we can say is: Thank goodness for the leadership of the Presidio Trust which turned down this monument to Lucas’ bad taste.

The Presidio park is a jewel and is enjoying nearly 20 years of success by doing the right thing and planning properly for this National Landmark and Bay Area treasure.  The cheap and cheesy museum proposed by Lucas didn’t belong on a bluff overlooking the Bay, the Golden Gate Bridge and the Pacific Ocean.  We should all thank The Presidio Trust for acting in the best interest of the public and not in the interest of a vein Hollywood millionaire and rejecting what Chicago has all-too-quickly accepted.

Bravo Presidio Trust. Good luck Chicago.

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Recology Wins Resounding Victory Over False Claims by Disgruntled Ex-Employee

San Francisco, Calif. – A San Francisco jury today cleared Recology, San Francisco’s recycling and resource recovery provider, of all 154 allegations of filing false claims to the State of California in a lawsuit filed by a disgruntled former employee that claimed the company mischarged the State of California’s recycling redemption program.

The same jury returned a verdict against the recycling company on one of the five separate allegations of filing a false claim to the City and County of San Francisco. This verdict, if it stands, claims the company wrongly benefited in the amount of $1,366,933. Recology disagrees with this finding and will appeal.

“We are thankful for the jury’s determination that cleared Recology of 158 of the 159 allegations of false claims,” said Sam Singer, a spokesman for Recology. “This is a resounding victory for our company and its employee-owners.”

“Unfortunately, the complicated nature of this case has resulted in one finding against the company,” he added.  “We will be appealing the one verdict, as the facts simply do not support it.”

Recology is an industry leader in recycling and resource recovery programs and has helped San Francisco become the greenest city in North America, diverting 80 percent of its waste away from landfill. Recology programs have been replicated throughout the country and serve as a national model for resource recovery initiatives.

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CPUC PG&E Chicanery? California Commission Sudden Halt into PG&E Gas Pipeline Safety Raises Serious Questions, San Bruno Says

San Francisco, Calif. – The City of San Bruno today criticized a decision by the California Public Utilities Commission to halt its investigation into thousands of missing Pacific Gas & Electric Co. pipeline strength test records – a sudden and shocking reversal that’s prompted concerns of a possible backroom deal brokered between PG&E and the state agency tasked with regulating it.

 

The CPUC’s Safety Enforcement Division this week quietly halted its inquiry into the safety of 435 miles of gas pipelines across California after PG&E refused to turn the information over to regulators— causing speculation that PG&E may have applied outside pressure to compel the regulatory agency to end its investigation.

 

San Bruno officials are now calling upon the CPUC to immediately re-open the investigation to force PG&E to produce accurate strength test records for 23,761 segments of pipe covering more than 435 miles – records that PG&E explicitly told the CPUC it would produce by 2013.

 

State and federal investigators identified PG&E’s faulty recordkeeping as a leading cause of the fatal 2010 pipeline explosion and fire in San Bruno that killed eight, injured 66 and destroyed 38 homes.

 

“PG&E continues to play a lethal game with the lives of the public. We are deeply concerned by their persistent failure and unwillingness to produce accurate pipeline records, without which we cannot know whether our communities remain at risk for the same devastating and fatal explosion that we experienced in San Bruno,” said San Bruno Mayor Jim Ruane. “Yet even more troubling is the CPUC’s decision to not pursue an investigation of these missing records even after preparing a motion to do so.”

 

“We question the CPUC’s sudden decision this week and are concerned it may be the result of inappropriate pressure applied by PG&E at the expense, once again, of public safety,” Ruane said.

 

The CPUC’s latest inquiry came about as part of the ongoing penalty proceeding to determine how much PG&E will be forced to pay for its gross negligence that caused the fatal explosion and fire in San Bruno. The CPUC’s administrative law judges are now considering penalties and fines against PG&E of up to $2.45 billion.

 

Yet, following unsuccessful attempts to obtain missing strength test records for more than 435 miles of pipeline directly from PG&E, the CPUC’s safety and enforcement division submitted a motion on May 30 to re-open the penalty proceeding’s record for the sole purpose of forcing PG&E to produce the documents.

 

San Bruno strongly supported the CPUC’s motion and its inquiry of the missing records, which city officials say are critical to instilling the public’s confidence in the safety of PG&E’s embattled pipeline system. San Bruno filed its own motion officially supporting the safety enforcement division’s request to obtain the missing records.

 

City officials are now questioning the division’s sudden decision to withdraw the motion and suspend the inquiry – a decision the city can only speculate as resulting from outside attempts by PG&E and its proxies to influence the CPUC’s actions.

 

“We are concerned that this decision is just further evidence of the cozy relationships that continue to jeopardize the CPUC’s ability to objectively regulate PG&E,” Ruane said.

 

San Bruno officials say this latest incident further underscores the need for an Independent Monitor, who would serve as a vigilant third-party watchdog over both PG&E and the CPUC.

 

“Only an independent monitor – free of the CPUC’s conflicts of interest and cozy relationships with PG&E that have jeopardized pipeline safety – can help guarantee that PG&E maintains good records and ensure that the CPUC provides the adequate and consistent oversight needed to keep our communities safe so that what happened in San Bruno never happens again,” Ruane said.

 

Ironically, PG&E has been spending millions of dollars on advertising its new “culture of safety,” with advertisements that stress the utility’s gas pipeline safety improvements since the San Bruno explosion and fire.  Yet, Ruane said, the utility can’t back up their advertising with proof that what they are telling the public is true.

 

Also this week, PG&E revealed that the U.S. Federal Prosecutor’s office expects to file additional legal actions against the utility for its gross negligence in the San Bruno case.  In April, the federal government charged PG&E with 12 felony violations of federal safety laws.

 

Is there a dirty deal between CPUC Michael Peevey and PG&E Executives?

Is there a dirty deal between CPUC Michael Peevey and PG&E Executives?

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May Madness Car Show in San Rafael

May Madness, the longest running car show and parade in Northern California will showcase hundreds of cool vehicles at the 27th annual event May 31!  Spectators will get to view up close the finest Rods, Customs, Classics, Utility Vehicles & more. This year, the Ford Mustang will ride shotgun as the iconic car celebrates the 50th anniversary.  Mustangs will be showcased on “A” Street north side of 4th.

Enjoy rocking bands and a street dance starting at noon with the winning band of the “Heads Up” Battle of the Bands followed by Fenix House Band and headlined by Reckless In Vegas a power trio comprised of Michael Shapiro on vocals & guitar, Mario Cipollina (formerly of Huey Lewis And The News), on bass & vocals, and Ryan “Dr Fu” Low on drums & vocals. Reckless In Vegas has blended the imagery, banter and classic music from the 1960’s Glory Days of Vegas with a contemporary rock band aesthetic. They’ve created an exciting show with modern versions of songs by artists such as Frank Sinatra, Dean Martin, Elvis, Sonny & Cher, Frankie Valli, Neil Diamond and more. Think The Rat Pack meets Green Day.

The car parade starts at 5pm.  San Rafael’s Davidson Middle School Cougar Marching Band returns this year to cover the parade route and keep all the cars in time.

Attendees will enjoy great food and beverages and children’s activities. In conjunction with May Madness, the West End of 4th Street will host huge sidewalk sale sponsored by the San Rafael BID.

May Madness is presented by the San Rafael Business Improvement District and produced by Team Pro Event.  Pre-registration deadline is May 16th.

May Madness 2014 C Thompson

 

Music Line up schedule:

Noon: Winner of the “Heads Up” Battle of the Bands

1:45 Fenix House Band– Blues, Rock n Funk from the Fenix Night Club

3:30 Reckless In Vegas “Modern Rock meets classic ‘60’s Lounge Music”

 

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Ecuador Plaintiffs, Steven Donziger, Committed Fraud against Chevron in Ecuador Case

Berlinger and Donziger

Joe Berlinger’s (left) Film “Crude,” paid for by Ecuador Plaintiff Attorney Steven Donziger, ultimately led to a crushing victory for Chevron Corporation in the Ecuador Case

Chevron Corporation won a major victory today when a New York federal judge ruled that the case against the oil company in Ecuador was procured by fraud.

U.S. District Judge Lewis Kaplan in New York found that lead plaintiff attorney Steven Donziger used bribery, coercion, fraud and other illegal means to create a fraudulent case against Chevron in Ecuador.

Donziger, whose fraudulent lawsuit was supported by environmental organizations such as AmazonWatch in San Francisco, Rainforest Action Network, Earthrights International, and other alleged environmental groups, might have gotten away with the crime if it were not for the sloppy work of Hollywood movie director Joe Berlinger.

Berlinger, who was paid by the plaintiffs to produce a film that lambasted Chevron for alleged pollution in Ecuador, ultimately and ironically, became Chevron’s savior.

Berlinger’s movie “Crude” produced evidence that led Chevron to its important court victory today in New York.

In making his ruling, Judge Kaplan  said Donziger and the Ecuador plaintiffs used “corrupt means” to secure a multi-billion-dollar pollution judgment against Chevron Corp in Ecuador, giving a major setback for attorneys hoping to collect on the award.

Kaplan said he found “clear and convincing evidence” that attorney Steven Donziger’s legal team bribed an Ecuadorean judge to issue an $18 billion judgment against the oil company in 2011.

The villagers had said Texaco, later acquired by Chevron, contaminated an oil field in northeastern Ecuador between 1964 and 1992.  Ecuador’s high court cut the judgment to $9.5 billion last year.

Kaplan’s decision bars Donziger and environmental groups like AmazonWatch and public relations agent Karen Hinton from enforcing the Ecuadorean ruling in the United States. It may also give Chevron legal ammunition in other countries where the plaintiffs could try to go after Chevron’s assets.

At a six-week trial last year, Chevron accused Donziger of fraud and racketeering and said Texaco cleaned up the site, known as Lago Agrio, before handing it over to a state-controlled entity.

Below is the full text of U.S. District Judge Lewis Kaplan’s opening judgement today against Steven Donziger and the Ecuador plaintiffs:

“Steven Donziger, a New York City lawyer, led a group of American and Ecuadorian lawyers who brought an action in Ecuador (the “Lago Agrio” case) in the names of 47 plaintiffs (the“Lago Agrio Plaintiffs” or “LAPs”), on behalf of thousands of indigenous peoples of the Orienté region of Ecuador, against Chevron Corporation (“Chevron”).

They claimed that Chevron was responsible for extensive environmental damage caused by oil activities of Texaco, Inc. (“Texaco”), that ended more than twenty years ago and long before Chevron acquired Texaco’s stock.

After years of pressuring Chevron to settle by a variety of both legitimate and illegitimate means, Donziger and his clients obtained a multibillion dollar judgment (the“Judgment”) in the Ecuadorian courts and now seek to enforce it around the world.

Chevron then brought this action, contending among other things that the Judgment was procured by fraud.  Following a full trial, it now seeks equitable relief against Donziger and the two of his Ecuadorian clients who defended this case in order to prevent any of them from profiting from the alleged fraud or from seeking to enforce the Judgment in the United States.

This case is extraordinary. The facts are many and sometimes complex. They include things that normally come only out of Hollywood – coded emails among Donziger and his colleagues describing their private interactions with and machinations directed at judges and a court appointed expert, their payments to a supposedly neutral expert out of a secret account, a lawyer who invited a film crew to innumerable private strategy meetings and even to ex parte meetings with judges, an Ecuadorian judge who claims to have written the multibillion dollar decision but who was so inexperienced and uncomfortable with civil cases that he had someone else (a former judge who had been removed from the bench) draft some civil decisions for him, an 18-year old typist who supposedly did Internet research in American, English, and French law for the same judge, who knew only Spanish, and much more. The evidence is voluminous.

The transnational elements of the case make it sensitive and challenging. Nevertheless, the Court has had the benefit of a lengthy trial. It has heard 31 witnesses in person and considered deposition and/or other sworn or, in one instance, stipulated testimony of 37 others. It has considered thousands of exhibits. It has made its findings, which of necessity are lengthy and detailed.

Upon consideration of all of the evidence, including the credibility of the witnesses– though several of the most important declined to testify – the Court finds that Donziger began his involvement in this controversy with a desire to improve conditions in the area in which his Ecuadorian clients live. To be sure, he sought also to do well for himself while doing good for others, but there was nothing wrong with that. In the end, however, he and the Ecuadorian lawyers he led corrupted the Lago Agrio case.

They submitted fraudulent evidence. They coerced one judge, first to use a court-appointed, supposedly impartial, “global expert” to make an overall damages assessment and, then, to appoint to that important role a man whom Donziger hand-picked and paid to “totally play ball” with the LAPs.

They then paid a Colorado consulting firm secretly to write all or most of the global expert’s report, falsely presented the report as the work of the court-appointed and supposedly impartial expert, and told half-truths or worse to U.S. courts in attempts to prevent exposure of that and other wrongdoing. Ultimately, the LAP team wrote the Lago Agrio court’s Judgment themselves and promised $500,000 to the Ecuadorian judge to rule in their favor and sign their judgment. If ever there were a case warranting equitable relief with respect to a judgment procured by fraud, this is it.

The defendants seek to avoid responsibility for their actions by emphasizing that the Lago Agrio case took place in Ecuador and by invoking the principle of comity. But that warrants no different conclusion.

Comity and respect for other nations are important. But comity does not command blind acquiescence in injustice, least of all acquiescence within the bounds of our own nation.

Courts of equity long have granted relief against fraudulent judgments entered in other states and, though less frequently, other countries. Moreover, the United States has important interests here. The misconduct at issue was planned, supervised, financed and executed in important (but not all) respects by Americans in the United States in order to extract money from a U.S. victim.

That said, considerations of comity and the avoidance of any misunderstanding have shaped the relief sought here. Chevron no longer seeks, and this Court does not grant, an injunction barring enforcement of the Lago Agrio Judgment anywhere in the world.

What this Court does do is to prevent Donziger and the two LAP Representatives, who are subject to this Court’s personal jurisdiction, from profiting in any way from the egregious fraud that occurred here. That is quite a different matter. Indeed, the LAP Representatives’ lawyer recently conceded before the Second Circuit that the defendants “would not have a problem” with “the alternative relief that [Chevron] would be seeking, such as enjoining the person who paid the bribe from benefitting from it,” assuming that the judge was bribed.

Defendants thus have acknowledged the propriety of equitable relief to prevent individuals subject to the Court’s jurisdiction from benefitting from misdeeds for which they are responsible. And while the Court does enjoin enforcement of the Judgment by these defendants in the United States, that limited injunction raises no issues of comity or international relations. It is the prerogative of American courts to determine whether foreign judgments may be no different conclusion.

Comity and respect for other nations are important. But comity does not command blind acquiescence in injustice, least of all acquiescence within the bounds of our own nation.

Courts of equity long have granted relief against fraudulent judgments entered in other states and, though less frequently, other countries. Moreover, the United States has important interests here.  The misconduct at issue was planned, supervised, financed and executed in important (but not all) respects by Americans in the United States in order to extract money from a U.S. victim.

That said, considerations of comity and the avoidance of any misunderstanding have shaped the relief sought here. Chevron no longer seeks, and this Court does not grant, an injunction barring enforcement of the Lago Agrio Judgment anywhere in the world.

What this Court does do is to prevent Donziger and the two LAP Representatives, who are subject to this Court’s personal jurisdiction, from profiting in any way from the egregious fraud that occurred here. That is quite a different matter. Indeed, the LAP Representatives’ lawyer recently conceded before the Second Circuit that the defendants “would not have a problem” with “the alternative relief that [Chevron] would be seeking, such as enjoining the person who paid the bribe from benefitting from it,” assuming that the judge was bribed.1

Defendants thus have acknowledged the propriety of equitable relief to prevent individuals subject to the Court’s jurisdiction from benefitting from misdeeds for which they are responsible. And while the Court does enjoin enforcement of the Judgment by these defendants in the United States, that limited injunction raises no issues of comity or international relations. It is the prerogative of American courts to determine whether foreign judgments may be laws of any nation that aspires to the rule of law, including Ecuador – and they knew it. Indeed, one Ecuadorian legal team member, in a moment of panicky candor, admitted that if documents exposing just part of what they had done were to come to light, “apart from destroying the proceeding, all of us, your attorneys, might go to jail.”2

It is time to face the facts.”

Link to the judgement: http://tinyurl.com/o8p6gve

 

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PG&E Attempt to Improperly Influence California PUC Should Result in Penalty, City of San Bruno Demands in Legal Filing

Jack Hagan, CPUC Safety HeadElizaveta Malashenko

Jack Hagan and Elizaveta Malashenko of the CPUC Safety Enforcement Division made allegedly illegal deal with PG&E

San Bruno, Calif. – An attempt by Pacific Gas & Electric Company to broker what appears to be a secret deal with a California Public Utilities Commission staffer should result in significant penalties and fines for the utility company and the creation of an independent monitor to ensure transparency and accountability of the CPUC, San Bruno demanded in a legal filing with the CPUC today.

The apparent backroom deal, revealed in a report by Jaxon Van Derbecken San Francisco Chronicle newspaper, detailed how PG&E hoped to quietly pay  a $375,000 fine to avoid paying a proposed $2.5 billion in penalties and fines for the 2010 San Bruno explosion and fire that killed eight, injured 66, destroyed 38 homes and left a giant hole in the center of the city.

In a legal motion filed with the CPUC on Friday, San Bruno officials demanded that PG&E face a significant fine for violating CPUC rules when, in December, it paid a $375,000 fine imposed by the CPUC’s safety enforcement division – and then quietly asked that the fine count against the multi-billion-dollar penalty it faces for violations stemming from the San Bruno pipeline disaster.

It was revealed that no parties involved in the more than three-year San Bruno penalty proceeding were made aware of PG&E’s secret payment. Instead, the CPUC withdrew the fine and refunded the $375,000 payment amid concerns that PG&E had attempted to broker a backroom deal that could have triggered a form of regulatory double jeopardy, preventing the CPUC’s administrative law judges from levying a sufficient future penalty.

“Instead of being transparent and forthcoming, PG&E appears to have consciously elected to conceal an ill-fated attempt to quietly settle for the fatal and tragic pipeline disaster in San Bruno,” said San Bruno Mayor Jim Ruane. “We believe PG&E should be fined and reprimanded for trying to undermine the ongoing penalty investigation and possibly jeopardizing more than three years of work to ensure that what happened in San Bruno never happens again, anywhere.”

“This attempt to circumvent the legal and public process also raises troubling questions about the CPUC safety division and its staffer who attempted to conceal this backroom deal,” representatives for the city added. “This action is just the latest attempt by the PG&E and some members of the CPUC safety division to hide from public view the unholy alliance and power PG&E has with our State’s regulatory agency.  That is why San Bruno demands an independent monitor to ensure the CPUC is operating properly and transparently.”

The $375,000 fine was originally levied in December by the CPUC’s safety enforcement division in response to a 2012 audit, which concluded that for more than four decades PG&E lacked the proper procedures to monitor its gas-transmission pipelines. Reliable reports indicate that CPUC safety division deputy director Elizaveta Malashenko, who made this deal with PG&E, has a longstanding personal relationship with PG&E outside of her CPUC job.

Because the infraction related directly to the ongoing San Bruno-related penalty proceeding, it should have been handled as part of that process. Instead, it was handled and paid separately, without notification to any parties and in violation of CPUC’s own procedures.

San Bruno officials say they suspect that a backroom deal, involving illegal ex-parte communications between PG&E and the CPUC, played a role in this mishap. Attorneys for San Bruno have filed a public records request to determine whether PG&E officials spoke directly with CPUC leadership to arrange for the fine that PG&E paid – and later tried using to reduce their overall penalty.

In December, the CPUC fined PG&E $14 million for failing to disclose faulty pipeline records in San Carlos to both the CPUC, the public and the City of San Carlos for nearly a year, creating a possibly dangerous public safety issue that one of its own engineers likened to possibly “another San Bruno situation” in an internal email to PG&E executives.

San Bruno officials say this latest attempt to undercut its obligation to the public further underscores the need for an Independent Pipeline Safety Monitor to serve as a vigilant third-party watchdog over both PG&E and its regulator, the CPUC.

“The Commission lacks the resources to effectively comprehend and oversee PG&E’s compliance,” said the city’s filling. “An Independent Monitor would partner with and provide additional resources to the Commission in order to have more robust regulatory oversight necessary to protect the safety of the public.”

The San Bruno filing came on the same day as the announcement that CPUC Commissioner Mark Farron will be resigning from the Commission to concentrate on beating prostate cancer.

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San Francisco Christmas Eve Day Toy Drive for Children at Handlery Hotel by Firefighters is a Success

 

San Francisco Firefighters Union Local 798 held a successful toy drive to make sure no child went without a toy in San Francisco this Christmas, thanks to Jon Handlery and his family’s landmark San Francisco hotel.

 

Dressed as Santa Claus, San Francisco Firefighter Bob Cuff and costumed characters accompanied by off-duty firefighters were in front of the Handlery Union Square Hotel, 351 Geary (between Powell and Mason), San Francisco from 9 a.m. to midnight on Christmas Eve day.

 

Beloved hotel owner Jon Handlery and Handlery hotel staff served as “Santa’s Helpers” and assisted with the collection of thousands of toys for needy San Francisco kids.

 

The Handlery Hotel has raised $3,500 and donated two barrels of toys to the drive this year to ensure no kid were without a Holiday present.

 

Firefighters Union Local 798 asked people to bring unwrapped toys which were collected in front of the Handlery Hotel. Everyone who brought a toy got free pictures with Santa and many children brought their lists of Christmas wishes to Santa in person.

 

An additional toy drive was held just next door to the hotel at Lefty O’Doul’s bar and pub, a property which is also owned by the Handlery family.

 

SF Firefighters Local 798 Toy Program

 

The Local 798 San Francisco Firefighters Toy Program is celebrating its 64th year of providing toys to San Francisco children in need during the holidays.  The San Francisco Firefighter’s Toy Program is San Francisco’s largest and the nation’s oldest program of its kind.  Since 1949 it has evolved from a few firefighters repairing broken toys and bikes for 15 families to, in 2012, 300 firefighters and friends volunteering their time to distribute over 200,000 toys to more than 40,000 disadvantaged children.

 

Besides helping individual families in need, the Toy Program serves many community organizations, including shelters for abused women and children, inner-city schools, children’s cancer wards, and pediatric AIDS units.

 

The Toy Program is made possible through public donations and the efforts and contributions of Local 798 members.

 

Firefighters Union Local 798 wishes to thank Jon Handlery & the staff of the Handlery Union Square hotel for welcoming the Toy Program at their property.

 

 

The Handlery Union Square Hotel

 

Located at Union Square, the Handlery Union Square Hotel offers the perfect San Francisco lodging for vacationers and business travelers.  As a fourth generation family-owned hotel, the Handlery has created great experiences for guests by offering personal service, beautifully appointed rooms, and a warm atmosphere.  Ideally located right next to the world famous Powell Street cable car line, the Handlery Union Square Hotel is a beloved San Francisco institution.

 

 

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Canvasback Missions Takes a Major Step in the Fight Against Diabetes in the Marshall Islands

By Alexander Hirata

Canvasback Missions has spent years working to reverse the diabetes epidemic in the Marshall Islands. They’ve brought specialty medical care to the islands for over 30 years, and have run the Diabetes Wellness Center on Majuro since 2006. Now, Canvasback is working to reverse the epidemic of diabetes in the Marshall Islands by preventing the onset of the disease before it begins.

 

Made possible by a generous grant from the World Diabetes Foundation, Canvasback is working with Antonia Demas, Ph.D., and Marshall Islands health officials to bring health education into the classroom. Dr. Demas has visited the Marshall Islands twice so far, traveling last with Canvasback co-founder Jacque Spence and employee Jaylene Chung to implement trials of the new food education curriculum in the public schools on Majuro and Ebeye in October. The team trained instructors how to teach from the curriculum, which involves special hands-on activities to engage children and make food education fun.

 

Dr. Antonia Demas studied education, nutrition, and anthropology at Cornell University. She has developed food-based curricula for schools for over 40 years, successfully implementing her “Food is Elementary” program in over 3,000 schools. Demas is also the founder and president of the New York-based Food Studies Institute, a not-for-profit created to improve children’s health through food education.

 

One of Demas’ key beliefs is that the food we eat directly affects our health. Processed foods have replaced natural ones, and chemical preservatives are now a regular part of our diets. Demas believes that children are the ideal group to teach food literacy to: they don’t have established diets that are difficult to change; they are open to new ideas, especially if taught using sensory (taste, touch, and visual) methods; and healthy habits now would prevent illnesses later.

 

Canvasback is proud to work with Demas, because both know that food education is essential to reverse diabetes in the Marshall Islands. It is cost-efficient, slipping into the existing educational system, yet its effects will last for a lifetime. And once established, local schools and teachers will be in full control of the program. The most difficult part of the program won’t be getting kids interested in healthy eating–it will be waiting years to see how well it pays off.

 

To learn more about the work of Canvasback Missions, contact them at: 940 Adams St., Suite R, Benicia, Calif. 94510. Phone: 800-793-7245 or email them at info@canvasback.org

 

 

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