DOCUMENTS IN THIS PACKET INCLUDE:

LETTERS FROM CITIZENS TO THE MAYOR OR CITY COUNCIL

RESPONSES FROM STAFF TO LETTERS FROM CITIZENS

ITEMS FROM MAYOR AND COUNCIL MEMBERS

ITEMS FROM OTHER COMMITTEES AND AGENCIES

ITEMS FROM CITY, COUNTY, STATE, AND REGIONAL AGENCIES

11/29/10 Note: Documents for every category may not have been received for packet reproduction in a given week.

City of Pa1.oAJto CITy

Office of the City Manager CITY °tl~~k 9SAlrO,CA

OFFICE (

10 NOV r8 PM 4: 44

November 18, 2010 The Honorable Anna G. Eshoo U.S. House of Representatives Washington, DC 20515 Dear Honorable

Nt
said Gabelli & Company analyst Brett Harriss.

Netflix seems to understand that not having to buy discs, manage all of that inventory, and pay all of that postage, will save the company billions of dollars in the coming years. So--why is it that the City of Palo Alto can not see a similar vision when it comes to operating its library system? What makes the public sector vision so unlike the private sector vision?

Hopefully, as Palo Alto begins to look for a new library director, these sorts of questions will be on the table, and that the successful candidate will have forward looking, forward thinking answers to these sorts of questions, and issues. Wayne Martin Palo Alto, CA

11122/2010

I

Page 1 of 1

COUNCIl MEETING

-"·11.-20ID _ . fll Placed Before Meeting

Minor, Beth

[ ] Received at Meeting

From:

Emily Renzel [[email protected]]

Sent:

Monday, November 22,20101:15 PM

To:

Council, City

··7

CHY Of PALO ALTO CA CITY CLERX'S OFfICI::

Subject: Support'Quick closure of landfill

Dear Mayor Burt & Members of the City Council: I support the unanimous Finance Committee recommendation for Option I, the Fast Fill of the landfill. It is obviously the most economic alternative and best for the rate payers. It also keeps the promises of many Councils past to close the landfill by 2011 and complete our park much sooner. It's not often that such a nice confluence of goals occurs in one tidy package, and I urge you to seize the moment and approve the Option 1 recommendation. We can then join Mountain View and Menlo Park as cities with completed parks along the Bay fashioned from old landfills and connected by the Around the Bay Trail. Sincerely,

Emily M. Renzel,Coordinator BaylandsConservation Committee

Page 1 of 1

Minor, Beth From:

Jeanne Moulton [email protected]]

Sent:

Sunday, November 21,201011:10 AM

To:

Council, City

CITY OF PALO CITY Cl ERK'S ~VF~C~A

10 NOV 22 AM 7: It,

Subject: Measure addressing land use proceedings

Council members, I strongly support the measure on Monday night's ballot that addresses abuses in land-use proceedings. I'm sorry that I cannot attend the meeting to speak: in person. Jeanne Moulton 319 Addison Avenue

11122/2010

Page 1 of 1

Minor, Beth From:

Annette Puskarich [[email protected]]

Sent:

Monday, November 22,20103:40 PM

To:

Council, City

CITY OF PALO ALTO. CA CITY CLERK'S OffICE

10 NOV 22 PH 3: 50

Subject: Oppose Staff Recommendation: CMR:421:10 (Fast filling PA Landfill) Re: CMR:421:1 0- Oppose Staff recommendation Honorable Mayor Burt and City Council: I would like to express my opposition to the staff recommendation to fast-fill the PA Landfill. • This item should be pulled from the Consent Calendar. It deserves full Council discussion. • I advocate for closing the landfill now- stop filling, modify the grading and runoff plans in accordance with State regulations and the landfill section of the Baylands Master Plan. The staff report does not provide detailed information on the option of closing the landfill as-is providing only general information that is it not in compliance with the Baylands Master Plan, the architect would need to be called in, monitoring system issues etc. It dismissing that option without providing any details • If you vote to fill the landfill with curbside loads per the staff recommendation, you will forever be entombing thousands of tons of recyclables and compostables in a landfill that could have been recovered for return to the economic mainstream. • In none of the CMRs is there any mention of the amount and composition of commercial and self-haul "garbage" that would be used to fill the landfill. The commercial and self-haul "garbage" that would be dumped is full of recyclables and compostables. Earlier this year ZW staff gave presentations to the community regarding the proposed ordinance (restricting recyclables and compostables from the garbage) that included pictures of the recyclables and compostables still being disposed of by the commerCial sector (businesses and multi-family housing complexes). See slide 6 of the presentation at http://www.cityofpaloalto.org/civica/filebank/blobdload.asp?Blob1D=19038 for a photo of what a load of commercial "garbage" looks like- it is full of recyclables and compostables, even after the new programs offered by GreenWaste. • The City's Waste Characterization Study indicated that what is being disposed by the commercial sector consists of approximately 80% recyclables and compostables, including Recyclable Paper (8,581.3 tons, 24.8%), Compostables (13,093.8 tons, 37.8%), and Other Recyclables (e.g., glass, metal, plastics, 6,163.5 tons, 17.8%). Additionally, the Waste Characterization Study indicated the self-haul disposal is comprised of approximately 60% recyclables and compostables, including Recyclable Paper (70.2 tons, 0.6%), Other Recyclables (e.g., construction and demolition debris, 4,797.3 tons, 44.0%), Compostables (1,652.6 tons, 15.1 %). Source: Zero Waste Operational Plan, Exhibit A, pp16, 22. http://www.cityofpaloalto.org/civica/filebank/blobdload.asp?Blob1D=10289 So, If you vote to fill the landfill with curbside loads per the staff recommendation, you will forever be entombing thousands of tons of recyclables and compostables in a landfill that could have been recovered for return to the economic mainstream .. • The recommendation of fast-filling the landfill not only contradicts the ZW StrategiC and Operational Plans, but also the City's Sustainability Policy, Climate Protection Plan and Comprehensive Plans. • The City adopted a Sustainability Policy in 2001; however, the City seems to still make decisions based on economics only and is not considering the environment or equity components of Sustainability. • The building of a transfer facility for Ci~ crews is given as justification for fast-filling. Have any other options been explored besides building besides building more City infrastructure? How about examining how the crews manage waste on their projects so that their waste can be contained in a different manner that does not require building a transfer facility or how about sharing a transfer facility with an existing business in PA or with an adjacent city? It is time to think differently. Respectfully, Annette Puskarich Kendall Avenue

11122/2010

Item 8 question

I

COUNCIl MEETING

Minor, Beth

['A

~..

8

ll-1-1-" 10.0

Placed Before Meeting [ ] Received at Meeting

From:

Marshall, Tomm

Sent:

Monday, November 22,20102:41 PM

To:

Keene, James

Cc:

Fong, Valerie; Minor, Beth; Antil, Pamela

Subject: RE: Item 8 question LED fixture light patterns for street illumination mimic the patterns of the existing fixtures. The reason for this is that the lighting systems were designed using these lighting patterns. LED lights do provide more uniform lighting levels across the distribution pattern and will even out the light compared to the existing fixtures. The dark spots on City streets are not the result of energy efficient lights, they are due to original design of the street lighting systems and the maturation of the tree canopy. Most residential streets were designed with minimal levels of lighting with an increased focus on illuminating intersections Where pedestrian and vehicular traffic intersect. Since the street lights were installed the trees have matured in Palo Alto and many of them now disrupt the light dispersion patterns. Tree trimming is done to try and maintain light levels but many compromises are made to avoid trimming that could damage tree structure and health. . There are some variations in LED fixtures that can slightly increase light dispersion but would not be sufficient to eliminate most of the dark spots. These fixtures will be evaluated when residential streets receive replacement fixtures (the lights on this CMR are for major thoroughfares, EI Camino Real and Alma 5t.) If the City wanted to increase lighting levels on residential streets, the street lighting systems would need to be redesigned with new poles being added and existing street light poles being relocated. The current project does not include funding for changes to the pole locations. Relocations can cost between $2000-4000 per pole.

From: Holman, Karen Sent: Monday, November 22,201012:10 PM To: Keene, James Cc: Fong, Valerie; Greg Scharff Subject: Item 8 question

Good morning. The purpose of the purchase energy efficiency. The question is this: What is the broadcast of the new luminaires?

In other words, will our streets we at least if not more well lit with these replacements. Current energy efficient lights do not scatter light well and leave black holes in our public passageways. Residents are leaving their home and garage lights on overnight so their places are better lit, using more energy. Please compare the proposed purchase with existing older and current energy efficient light coverage. Thanks.

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records View other report type: o Transfers Off-site for Further, Waste Management; or o Quantities of TRI Chemicals in Waste (waste management) View report in other formats: Page Orientation: ® PDF (Acrobat Reader); or

® Portrait; or o RTF (Microsoft Word) 0 Landscape Note:Reporting year (RY) 2009 is the most recent TRI data available. Facilities reporting to TRI were required to submit RY 2009 data to EPA by July 1, 2010. Facilities may submit revisions at any time. This is a Preliminary dataset released to the public in September 2010 and includes all of the forms, and revisions received and processed by EPA as of August 27,2010 for the years 1988 to 2009 TRI data may also be obtained through EPA Envirofacts.

Users of TRI information should be aware that TRI data reflect releases and other waste management activities of chemicals, not whether (or to what degree) the public has been exposedto those chemicals. Release estimates alone are not sufficient to determine exposure or to calculate potential adverse effects on human health and the environment. TRI data, in conjunction with other information, can be used as a starting point in evaluating exposures that may result from releases and other waste management activities which involve toxic chemicals. The dete~mination of potential risk depends upon many factors, including the toxiCity of the chemical, the fate of the chemical, arid the amount and duration of human or other exposure to the chemical after it is released. This report ranks the 100 largest facilities reporting in a particular disposal or other release category (by default, the report ranks the top 100 facilities by total on- and off-site disposal or other releases By sorting on different disposal or other release categories (e.g., Class I Wells, RCRA Subtitle C Landfills, etc.), TRI Explorer will generate a report ranking the top 100 facilities for the specific category chosen. Note that. the top 100 facilities ranked for a speCific category will change as the category changes (i.e., the 100 facilities ranked for Class I Wells is not necessarily the same 100 facilities for RCRA Subtitle C Landfills).

n.

Off-site disposal or other releases include transfers sent to other TRI Facilities that reported the amount as on-site . disposal or other release because not all states and/or not all industry sectors are included in this report.

40f5

11120/20105:33 PM

EPA TRI Explorer Report(USFA) I US EPA

http://www.epa.gov/cgi-binlbroker?view=USFA&trilib=TRIQO&sor...

On-site Disposal or Other Releases include Underground Injection to Class I Wells (Section 5.4.1), RCRA Subtitle C Landfills (5.5.1A), Other Landfills (5.5.1B), Fugitive or Non-pOint Air Emissions (5.1), Stack or Point Air Emissions (5.2), Surface Water Discharges (5.3), Underground Injection to Class II-V Wells (5.4.2), Land Treatment/Application Farming (5.5.2), RCRA Subtitle C Surface Impoundments (5.5.3A), Other Surface. Impoundments (5.5.3B), and Other Land Disposal (5.5.4). Off-site Disposal or Other Releases include from Section 6.2 Class I Underground Injection Wells (M81), Class II-V Underground Injection Wells (M82, M71), RCRA Subtitle C Landfills (M65), Other Landfills (M64, M72), Storage Only (Ml0), Solidification/Stabilization - Metals and Metal Category Compounds only (M41 or M40), Wastewater Treatment (excluding POTWs) - Metals and Metal Category Compounds only (M62 or M61), RCRA Subtitle CSurface Impoundments (M66), Other Surface Impoundments (M67, M63), Land Treatment (M73), Other Land Disposal (M79), Other Off-site Management (M90), Transfers to Waste Broker - Disposal (M94, M91), and Unknown (M99) and, from Section 6.1 Transfers to POTWs (metals and metal category compounds only). For purposes of analysis, data reported as Range Code A is calculated using a value of 5 pounds, Range Code B is calculated using a value of 250 pounds and Range Code C is calculated using a value of 750 pounds. The facility may have reported multiple NAICS codes to TRI in the current reporting year. See the facility profile report by clicking on the facility name to see a list of all NAICS codes submitted to TRI for the current reporting year. Beginning with the 2006 reporting year, the industry classification code is the North American Industry Classification System (NAICS), which has replaced the 1997 US Standard Industrial Classification (SIC) code. The primary NAICS code ' as reported by the facility is now used for all analysis purposes for all reporting years 2006 and later. For reporting years prior to 2006, EPA has assigned a primary NAICS code based on the SIC codes as reported for those years for the purpose of analyzing trends. . A decimal pOint, or "." denotes that the facility left that particular cell blank in its Form R submission (a zero in a cell denotes either that the facility reported "0" or "NAil in its Form R submission). "NA" in a cell denotes that the facility has submitted only Form A and thus the r:Jata for release, waste transfers or quantities of TRI chemicals in waste are not applicable. By submitting a Form A the facility has certified that its total annual reportable amount is less than 500 pounds, and that the facility does not manufacture, process, or otherwise use more than 1 million pounds of the toxic chemical. The user selected list of chemicals applied in this report includes: MERCURY, MERCURY COMPOUNDS. Release: Facility Report Go to TRI Explorer Home

Sof5

November 20, 2010 TOf' OF SCREEN

0

11120/2010 5:33 PM

Minor. Beth From: Sent: To: Cc: Subject:

CIT,(OF PALO ALTO. CA

[email protected] CITY CLERK'S OFFICE Sunday, November 21, 2010 12:33 PM Council, City . InWOV?? Burns, Dennis; [email protected]; jrosen@da.'s'tcgt)".m{T. . jay. [email protected]; [email protected] In the 90's, Luis Verb rea had his admirers too - Dennis Burns and Pat Dwyer

AH

Police Auditors Report December 2009 - Complaint of Unnecessary Search and Discourtesy #C-2009-001 Synopsis: An officer pulled a motorist over because she had a non-functioning taillight. When the motorist could not produce a driver's license, the officer discovered that the motorist's driver's license had been suspended. The officer informed the motorist that he would need to have the car towed and performed a cursory pat down search of the woman before allowing her to remove personal items from the car. The motorist later complained to the Department that the officer had been officious, discourteous and that the pat down was intrusive and unnecessary.

Recommendation: The complaint investigation was conducted promptly and thoroughly. The Auditor reviewed the original officer's citation, the investigator's interviews and report, the investigator's supervisor's evaluation, and the MAV videotapes in this case. We concluded that the officer maintained a professional demeanor during the incident. The pat down search, while not always employed in these circumstances, constituted a justifiable precaution to employ with a somewhat uncooperative motorist and was minimally intrusive. (off camera?) We note that the PAPD does not have a policy that specifies that a pat down must or should be done by an officer of the same sex.

Resolution/Corrective Action: The complainant was notified of the results of the investigation by letter. Note: Genanco makes no note or recommendation of any, any policy change period and REFUSES to re-investigate any sexual misconduct by the stopping / offending officer.

Norristown officer a 'ticking time bomb' By Craig R. McCoy Inquirer Staff Writer The police chief of Norristown wanted to fire Claude Lacombe, an officer with a reputation for arrogance and aggression. "A ticking time bomb," former Chief Thomas Stone says now. "There was a whole list of things that said to anyone with any grain of sense, 'You've got to get rid of this person.' " The town finally did fire Lacombe - after he forced a woman he stopped while on patrol to have oral sex. He ended up going to prison, and the borough was forced to pay $372,000 to his alleged victims. It settled the last of two lawsuits in 2004. Lacombe had his admirers during his four years on the force in the 1990s. Once commended for bravery during a riot, Lacombe harassed drug dealers and piled up arrests. He also 1

was known for being "aggressive ... violent, even," in the words of Lacombe's former lawyer. In his first three years, he crashed four patrol cars. Stone says he wanted to fire him, but was overruled by Lacombe's supporters in the town hall. "All of the warning signs that I took to them, they tossed aside," he said recently. In a recent interview, former Norristown Mayor Jack Salamone praised Lacombe, saying: "He was energetic. He was pretty good with the public." Salamone said he did not recall the effort to ·fire Lacombe. "At my age, it's not that. easy to remember," said Salamone, 67. In 1996, one Norristown woman later said, Lacombe turned sexual predator after he answered a domestic-abuse call. He flirted, commented on h~r breasts, and finally pulled her hand onto his crotch. It left her feeling afraid and demeaned. "It was way past official police business," she said during a court hearing. For all of Lacombe's troubles, Stone said, he never heard him described as a sexual abuser until after Feb. 2, 1997 - the night Lacombe went on an on-duty sexual hunt. As recounted in a lawsuit, it began with a 16-year-old girl being caught riding in a stolen car. She said Lacombe touched her breast during a search. At 4:30 a.m., prosecutors allege, Lacombe picked up another 16-year-old, whose family he knew, offering a ride home. He pulled over on the way and suggested a "little play." She refused; Lacombe took her home. Almost a half-hour later, prosecutors said, he picked up a 42-year-old woman he spotted walking drunkenly by the side of the road. He drove to a dark alley and forced her to give him oral sex. "I tried to hold my dress and my stockings together. I was screaming, 'Stop! What are you doing?' " the woman later said. Lacombe was fired in 1997, then arrested on charges of indecent assault, corruption of a minor, and official oppression. A jury cleared him of wrongdoing in connection with the 16-year-old girl from the family he knew, but convicted him in the attack on the woman. He was not charged in connection with the other teen, but Norristown paid $122,000 to settle her civil lawsuit. After serving 71/2 years in prison, Lacombe, now 37, was paroled last year and lives in Philadelphia, according to the state's Megan's Law Web site. He did not respond to letters seeking comment. . Stone, who travels the country as a police consultant, says he keeps seeing other departments making the same mistakes, failing to deal with their problem employees. "It's deliberate indifference," he said. "Agencies are not focused on that, and the next thing you know, tragedy happens."



2

Page 1 of 1

Minor, Beth From:' Larry Mitchell [[email protected]] Sent:

Wednesday, November 17, 20109:47 PM

To:

Larry Mitchell

CHYc Of~PALO'·ALTO,CA CITY CLERK'S OFFICE

'ONGV l' P1+ I: 26

Subject: Taking our country back, and back, and back-Fwd: Paycheck Fairness Act Fails to Win Key Votes from Maine Senators

Any doubts or misunderstandings as to what direction this country is headed can be summed up in any number of examples that we see and hear about every day. Unfortunately, not in mainstream media and what poses as news on major cable and network t.v. This happens in our legislature, in plain site and most of us don't know, realize and really care. Is anyone mad or even angry? As the father of 2 daughters, and an early civil and equal rights advocate, as many of us were in the 60's and 70's, and still trying to fight this inequality after all this time, I am outraged and still disappointed that after 40 years, we're still at square one. And where are the women? By being silent as parents, what message do our children learn? Anyone want to argue that females are less equal than males on any leve1?-Thanks -Larry ,..--------- Forwarded message ---------From: Larry Mitchell Date: Wed, Nov 17,2010 at 8:48 PM Subject: Paycheck Fairness Act Fails to Win Key Votes from Maine Senators To: [email protected]

http://www.mpbn.netiNews/MaineNewsArchive/tabidl181/ctl/Viewltem/mid/3475/Itemldl14235lDefault.aspx

11119/2010

Page 1 of 1

Minor, Beth

CITY OF PALO ALTO. CA CITY CLERK'S OfFICE

From:

Nat Fisher [[email protected]]

fO NOV'9 PM

Sent:

Thursday, November 18, 2010 1:09 PM

To:

Williams, Curtis

Cc:

Council, City; Bonilla, Robert; Lee, Ben; Keene, James

rt 25

Subject: Planning Dept.: dangerous intersection

Mr. Williams: Have you been contacted, or anyone in the Planning Dept. been contacted, by the police regarding installing large signs on Colorado Ave. in Midtow,n, instructing drivers to look out for pedestrians when they turn onto Middlefield from Colorado? This is a terribly dangerous intersection and I have been in contact with officers Ben Lee and Robert Bonilla regarding this. Officer Bonilla said that he would speak to Planning about the signs I suggested. I have seen multiple cars running the red light at the same time on Middlefield near Colorado. But, worse, I almost lost my life last month. I was crossing Middlefield (west to east) near Colorado. The light was green, I had the walk Signal, and the recording for the blind said the walk Signal was on. I looked both ways and saw it was safe so started across. Suddenly, a large van turned from Colorado and almost hit me. I jumped out of the way and it missed me by inches. The van was not at the corner when I started across.(There is no stop sign there because there is a signal light.) It was going fast and the driver was neither looking for pedestrians nor watching where he was going. His head was turned to the side, looking for traffic. That's all he was looking for. I doubt he even saw me. I'm 71 and am just fortunate to be in good enough shape to jump out of the way. There are many elderly people using walkers, adults pushing strollers, and children crossing at this intersection. A large sign on Colorado adviSing drivers to look for pedestrians when they turn onto Middlefield might help. Perhaps even a stop sign could be put on the corner in addition to the signal light. I don't know. I expect city officials and police to find a way to make this intersection safer for pedestrians. I hope to receive a meaninful response soon. Natalie Fisher

11119/2010

Page 1 of 1

Minor, Beth From:

[email protected]

Sent:

Monday, November 22,20105:17 PM

To:

CSD

Cc:

Police; [email protected]; Council, City; [email protected]

CITYOF PAl..O ALTO. CA CITYCLERK'SClFFICE

I oNOV 22 PH 5:27

Subject: TO TRAFFIC DEPARTMENT: URGENT NEED FOR INTERVENTION

Hello: It is urgent that you control speeders entering williams Street from california Avenue. AS one of the few streets without controls,. speeders are enabled to drive dangerously. Frequently, workers exit the wilson sonsini parking lot and drive directly down williams at unacceptable high speeds. This issue is poignant just now: A neighbor just had his beloved cat run over and killed by a speeder who did not bother to stop. AS a dog owner, I worry greatly every day about this dangerous problem. In addition, there are now toddlers on the street as well. I hope for your immediate intervention before more inevitable unnecessary sad events occur. Most sincerely, Bette Kiernan

'Bette v.. 9(iernan, M!PT 2337 Wif£iams Street Paw.9Jlto, California 94306 (650) 324-3639 oetteu/(@aof.com

11122/2010

Page 1 of37 PLEASE CONTACT THE CITY CLERK'S OFFICE TO VIEW ADDITIONAL PAGES DR ATTACHMENTS OF THIS DOCUMENT

.....

"

......... .

Minor. Beth

CITY OF PALO At CITY CLERK'S oIF~b~A

From:

[email protected]

'0 NOV '9 PH ,: 25

Sent:

Thursday, November 18, 2010 8:07 AM

To:

Council, City

Cc:

Burns, Dennis; [email protected]

Subject: PAPD - Timeline of State Kidnapping

http:LLwww.freenancy.com

Timeline of State Kidnapping

lOOl ~ovember

l4,2001

~ovember

lS, 2001

Nancy Golin wanders from parents at their workplace as they were moving in at 8:30PM. Parents immediately call police for help and search all night.

Police treat parents as suspects in am, delay parents' search. Parents go to PAPD station, offer $10,000 reward. Police call parents cell phone 6 AM, ask them to retu rn to workplace. Police callout five building inspectors at 8am to shut down business for alleged code violations, impairing parent's ability to sustain income; Gas meter pulled. Nancy returns 11 AM, while police are detaining parents, . searching and photographing their car. Nancy is smiling, healthy, seems fine, and goes into

11119/2010

Page 2 of37

mother's shop. Police barge in without warrant, search, and seize Nancy's prescription anti-seizure medication. Police put

~ovember

L6,2001"

~ovember

LS,2001

11119/2010

Nancy in Stanford Hospital, on 72-hr psych hold in locked ward, clear violation of her rights as a developmentally disabled person. Parents ordered to leave or be arrested. TRO obtained against parents to prevent seeing Nancy or taking her out. The 72-hour psych hold is extended to thirteen days. Stanford psychiatrists take Nancy off the anti-seizure medication prescribed by her neurologists. They experiment on Nancy with different anti-'seizure medications and dosages; Nancy goes into prolonged seizures at hospital that continue throughout period. Doctors turn away outside medical advice and information. They let Nancy get into beds with the mental patients and eat off their dishes. Doctors find no mental illness, yet start drugging her on Trazidone, Ativan. Parents go to the Palo Alto Daily News with story,

Page 3 of37-

initially report favorably to parents, then receive

false prejudicia'i information from police, and begin to libel parents. Parents shown copy of heavily falsified police report. DA gives

~ovember ~1,

2001

~ovember ~3-26,

~001

~ovember ~7,

2001

1111912010

statement to press that we will "undoubtedly" be found guilty and sentenced to prison for four years, that we supposedly have long criminal histories. Seek help from attorney Kazubowski. Dr. Kaplan calls to offer information to doctors about medical history and care, supporting parents. Stanford psych doctor Luu -calls APS telling them Nancy is not safe with men there, asking her to be moved, also inappropriate for her to be there since she is developmentally disabled not mentally ill. APS disagrees insisting Nancy stay there. All records of Nancy at Stanford Hospital for this period are suppressed after apparent undisclosed serious incident. Risk management called. Unreported incident regarding Nancy causes panic meeting to be held by all parties, APS, PAPD,

Page 4 of37

~ovember ~8,

2001

~ovember

m,2001

11119/2010

SARC, Stanford, and risk management is called. Narrative to conversations is missing. Same gap in both Stanford and APS records. TRO runs out, last legal authority to hold, SARC decides against hearing, parents go to pick Nancy up at hospitali Stanford refuses to release Nancy. Nancy is instead removed to Embee Manor, but her whereabouts are undisclosed, newspapers are unable to find her. SARC Places Nancy at Embee, forges her signature in five places on IPP to place her without authorization. Nancy does . not write or speak. Parents each· arrested on false allegations of abuse, $50,000 felony warrants filed. Released on bail within 24 hours contrary to police expectations. After making bail, police send Elsie to Valley Medical Center for attempted 72 hour psych hold, grill her and keep her in shackles and chains demanding to know where she keeps her cash, then release after overnight stay. Palo Alto Police detective reports

Page 5 of37

release with panic call to APS, concerned parents will go back to newspapers. DA libels parents to· newspapers, which publish defamatory information. When Elsie returns she finds $2,000 in cash missing from her jacket pocket. --------'\)e~c...,.eiH"tml'\fb~e~l"-r,-----.::a:t-t)--\.,SARC rushes to get ~OOl Temporary Conservatorship without court approval, DDS declines. No legal authority to hold admitted. Nancy's whereabouts kept secret. APS admits Nancy could go with parents if she wanted, but admit they want at all costs to avoid court or'any hearing. Not placed in any program. Denied visits by anyone that knew her previously.) Meanwhile, some undisclosed incident reported at Embee Manor while Nancy is there which is so serious it results in the firing of entire staff. New staff including current caretaker Lynn is newly employed, observe Nancy to be very ill, are misinformed reason is parent abuse.

!002 lanuary 2, W02 11/19/2010

Parents first arraignment before Judge Manoukian,

Page 6 of37

=ebruary ~, 2002 Sunday ~am)

1111912010

no contact order imposed at request of Department of Developmental Services, supervised visits ordered, but APS does not comply. Parents present rebuttal letter from Dr. Kaplan shortly after to DA. Mr. Golin represented by Kazubowski; Mrs. Golin ' represented by public defender. Mountain View Police spot van in parking lot, question Jeff whether Elsie is inside. Force Elsie out, place under arrest again under same warrant that she was arrested on November 30, which she had discharged at that time, claiming that the warrant was still outstanding. Elsie shows them jail bracelet she is . still wearing in protest from 11/30 arrest. Nonetheless, put her in handcuffs, hold her in the back of patrol car, detain and deny use of bathroom. Contents of pockets including notes and money placed on hood of patrol car to blow away. She is finally released after an hour. Tried to prevent her from driving away after release. Later investigation showed warrant was not still outstanding in

Page 7 of37

=ebruary ~,

2002

Jiarch 1, ~002

Jiarch 21, ~002

1111912010

computer at the time. DA states that if Kaplan letter is verified true, parents will be dismissed; orders all medical records to investigate. Judge repeats orders for supervised visitation;. but County still does not comply. Judge Manoukian threatens County with contempt of Court if visits do not begin in 3 days. County does not comply. States he is "surprised nobody seems to be able to control these people". Subpoenaed documents coming in large boxes for review, no decision on dismissal. Mother's public defender attorney refuses to allow her to see the subpoenaed evidence, refuses to subpoena refuting information or interview any witnesses, and behind the scenes actively worked against mother's defense. Kazubowski lets parents study documents at length. Find evidence of collusion, fraud and coverup. Parents see Nancy for 1 hr offsite for first time in 41/2 months under APS supervision, Nancy shows signs of molestation, she is

.

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~pril

21,

W02

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all bent over and clutching her crotch with both hands. Nancy is heavily sedated. Parents are told visits will terminate if they ask questions about Nancy's condition. Visits held for 1 hrs per week, under severely oppressive conditions. Parents plead with the Court, DA, Social Services director, and disability rights groups to help Nancy, all to no avail. The public defender refuses to allow mother to see the any of the records provided by the DA. DDS secretly petitions for conservatorship, still no legal authority to hold Nancy, avoid serving notice on parents. Both the DDS and the County Public Defender falsely allege to the Court that the parents have been "done jail time" for abusing Nancy and their whereabouts are unknown. Two more monthly hearings on matter falsely claiming this, while meetings and visits go on constantly between parents and County. Kazubowski's review of documents for defense reveals all proofs of innocence needed, but case continues with no sign

Page 9 of37 .

Jlay 7, ~002

luly 15, ~002

luly 15, ~002

luly 31, ~002

\ugust 1, ~002

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of promised dismissal. Careworkers secretly take Nancy to Dr. Cerezo to ask for her to be drugged further on Risperdal, falsely claiming psychiatric symptoms that she has become fearful since visits with pareQts began, claiming to Cerezo that she was there at Embee because parents had abused her and were in jail. Unreported to parents. Mrs. Golin hires effective private counsel, Eric Conner. Second subpoena for documents by DA reveals even less evidence against them than first. Case drags on every month. Parents move to Merced County to get away from SARC area and Santa Clara County jurisdiction. SARC forced by Gallagher to give notice to pa rents of previously secret Conservatorship petition. Parents finally find confirmation of her whereabouts in filings. Parents inspect Court file and find DDS's petition and three prior undisclosed hearings; get transcripts made claiming parents whereabouts were

Page 10 of37

\ugust 10,

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\ugust 14, ~002

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unknown, and claiming that Nancy was evaluated with dementia by quack doctor. Obtain Probate Investigator's report showing Nancy's room at Embee stinks and Embee claims Nancy was urinating on the floor; but Nancy does not have this behavior. That would happen only if she were having seizures, but Embee denies this. SARC gives report falsely claiming Nancy has dementia, and is too ill to come to the probate court; MD who has lost his license issues it. Nancy appears at supervised visit showing signs of serious abuse: ripped off fingernail on middle fiJ')ger of right hand, raw nail bed without bandage, claw marks on left hand, bloody mouth, bruised cheek. No explanation. Parents call police to report abuse but APS Buckmaster turns them away, telling them parents are criminals. Father searched by police. (Declaration regarding this misdated as July 14). Date might correlate with later discovered clavicle fracture. Parents report to

Page 1 of4

Minor, Beth .

CITY OF PALO ALTO.CA CITY CI ERK'S OfEICE

From:

[email protected]

Sent:

Monday, November 22, 2010 11 :35 PM

To:

[email protected]

Cc:

[email protected]; City Attorney; Council, City; Keene, James

10 NOV 23 AH 7: 31

Subject: Re: Complaint of False detention with intent to plant unlawful drugs upon citizen

Mr. Gennaco, Please investigate Mr. Ciampi's claim re officer Parham's alleged conduct in a timely manner. I should note that on the date of the incident, or shortly thereafter-- Mr. Ciampi called me to report the incident. I look forward to your complete and timely review of this matter. Sincerely, AramJames Mr. Gennaco, Please be advised of the incident below and consider this an official complaint regarding the same. I have asked Mr. Sherman, the attorney hired to represent the PAPD in my lawsuit, to send me a copy of the MAV video, however I have not heard from him as to whether he will or will not. I am asking you to send me a copy of the MAV video of the incident with Officer Parham on November 10, 2010 at approximately 10:35pm. Given that you concluded in your April 13, 2009 Auditor's report, "The ruling does, however present a challenge to PAPD officers facing similar calls for service in the fUture. Accordingly, we recommend that, in order to avoid the risk ofan ambiguous legal interpretation in the fUture, officers avoid using ruses in this type ofsituation until they have investigated tha matter sufficiently to determine whether there is a basis for concluding that a crime has occurred. We recommend that PAPD briefits officers on this approach to avoid similar unfavorable court rulings." P APD officer Parham violated not

only your recommendation but the law when he stated that I was running a red light when in fact I was not. Officer Parham unlawfully detained me, yet I fled the scene out offear forrny safety. Please inform me what you intend to do about it and what I should do when Palo Alto Police Officers intentionally unlawfully detain me with the intend to falsely and wrongfully incrimianting me of a crime by planting contraband upon me?

Mr. Gennaco is the eldest of five children born to Mr. Armand Gennaco and Ms. Marie Padilla. Prior to becoming an attorney,Mr . Gennaco taught elementary and high school in Arizona public schools. Largely as a result of his multi-ethnic upbringing and the encouragement of his family and his mentor, the Hon. Thomas Tang, for whom Mr. Gennaco served as a law clerk, Mr. Gennaco has dedicated his entire legal career to the protection of civil rights. Tony Ciampi 650-248-1634

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..

Page 1 of3

Minor, Beth From:

Tony Ciampi [[email protected]]

Sent:

Monday, November 22,20109:31 PM

To:

[email protected]

Cc:

City Attorney; Council, City; Keene, James'

Subject: Complaint of False detention with intent to plant unlawful drugs upon citizen Mr. Gennaco, Please be advised of the incident below and consider this an official complaint regarding the same. I have asked Mr. Sherman, the attorney hired to represent the PAPD in my lawsuit, to send me a copy of the MAV video, however I have not heard from him as to whether he will or will not. I am asking you to send me a copy of the MAV video of the incident with Officer Parham on November 10, 2010 at approximately 10:35pm. Given that you concluded in your April 13, 2009 Auditor's report, "The ruling does, however present a challenge to PAPD officers facing similar calls for service in the future. Accordingly, we recommend that, in order to avoid the risk of an ambiguous legal interpretation in the future, officers avoid using ruses in this type of situation until they have investigated tha matter sufficiently to determine whether there is a basis for conduding that a crime has occurred. We recommend that PAPD brief its officers on this approach to avoid similar unfavorable court rulings." PAPD officer Parham violated not only

your recommendation but the law when he stated that I was running a red light when in fact I was not. Officer Parham unlawfully detained me, yet I fled the scene out of fear for my safety. Please inform me what you intend to do about it and what I should do when Palo Alto Police Officers intentionally unlawfully detain me with the intend to falsely and wrongfully incrimianting me of a crime by planting contraband upon me?

Mr. Gennaco is the eldest of five children born to Mr. Armand Gennaco and Ms. Marie Padilla. Prior to becoming an attorney, Mr . Gennaco taught elementary and high school in Arizona public schools. Largely as a result of his multi-ethnic upbringing and the encouragement of his family and his mentor, the Hon. Thomas Tang, for whom Mr. Gennaco served as a law clerk, Mr. Gennaco has dedicated his entire legal career to the protection of civil rights.

Tony Ciampi 650-248-1634

From: [email protected] To: [email protected]; [email protected] CC: [email protected]; [email protected]; [email protected] Subject: Ciampi v. Palo Alto--Discovery of--Did the PAPD attempt to entrap me? Date: Thu, 11 Nov 2010 10:02:54 -0700

11111110

Attorney Steven A. Sherman, Bar No. 113621 Mr. Sherman,

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RE: C09-02655 LHK

Attention Cathy: Please be advised of the below incident which is now a related material fact to my case. As such I want a copy of the MAV recoding that recorded the below incident on November 10,2010.

Joseph (Tony) Ciampi P.O. Box 1681 Palo Alto, CA 94302 650-248-1634

From: [email protected] To:[email protected] CC:[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; city [email protected]; [email protected]; [email protected] Subject: Did the PAPD attempt to entrap me? Date: Thu, 11 Nov 2010 00:38:01 -0700 11/10/12010

Loretta King Deputy Assistant Attorney General U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Office of the Assistant Attorney General, Main Washington, D.C. 20530 Mrs. King, At approximately 10:35 PM (Pacific Standard Time) I exited the "7-11" convenience store on Waverly Ave in Palo Alto, California. As I exited the store a Palo Alto Police Officer, (I believe whose name is Louis Parham); was standing on the sidewalk about twenty feet from me. He asked me if some garlic and and an apple. sitting on a cement barrier between the sidewalk and the parking lot were mine. I did not say anything to him. Between Officer Parham and me was the under cover burgundy police car with MAV system activated, as such the encounter was being recorded. I got on my bike and exited the parking lot crossing the street heading North on Waverley St crossing Lytton Ave on a green light. As I was crossing the street, Officer Parham yelled at me stating that I was crossing on a red and to come back. I knew I was not crossing on a red and I feared for my safety and kept going.

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I believe that Palo Alto Police Officer Louis Parham and another officer, Asian I believe, were attempting to entrap me by planting drugs on me in order to wrongfully and falsely charge with a crime. All of this should have been recorded on the MAV systeni. I believe this act is retaliatory for the civil lawsuit I have brought against several Palo Alto Police Officers including police chief Dennis Burns. I am now stressed out and am in fear of being persecuted by the Palo Alto Police. Who is going to protect me from the Palo Alto Police falsely incriminating me of a crime? Joseph (Tony) Ciampi P.O. Box 1681 Palo Alto, CA 94302 650-248-1634

11/23/2010

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CITY OF PALO ALTO CA

Minor, Beth

CITY CLERK'S OFfiCE

From:

[email protected]

Sent:

Wednesday, November 17, 20106:17 PM

To:

CounCil, City

Cc:

[email protected]

Subject:

On November 15, 2001, 31-year-old Nancy Golin was taken by Palo Alto, California police from her family, never again to return."

10 NOV 23 AM 1: 32

Attachments: notice_re_vexJitigant_status.pdf·

A reminder to all friends of Jeffrey, Elsie and especially Nancy Golin, and any other interested parties to please attend the oral arguments in the Nancy Golin civil suit case against the County and Regional Center and others, on Thursday, November 18, 2010, 9:30-10:30 am at the California Sixth District Court of Appeal in San Jose.

See Map: http://maps.google.com/maps?f=q&source=s q&hl=en&geocode=&q= 333+West+Santa+Clara+Street,+San+Jose,+CA&sll=36.815393,119.715154&sspn=0.007387,0.019205&ie=UTF8&hq=&hnear=333+ W+Santa+Clara+St,+San+Jose,+Santa+Clara,+California+95113&z=16

This Court is located separately from the downtown Superior Court building, at the tenth floor of the Comerica Bank Building, at 333 W. Santa Clara St., at northwest corner of Almaden Blvd. and Santa Clara Sts., next to the 87 Freeway. Parking in garage next door off Almaden. Bring your friends, we would like a big crowd of court watchers.

This event is a very big deal. The struggle to reach this point has been long and hard. In October 2003, we parents filed a federal civil rights lawsuit in San Francisco District Court on behalf10f ourselves and our adult autistic daughter Nancy, now 40, against various state, county and regional center officials seeking redress of the appalling and illegal events t~at began on November 2001, which you can see at http://www.freenancy.com. The most recently amended civil complaint speaks for itself and is the history of 100 nearly impossible horror stories. Any parent of a handicapped child should be concerned and allied with our struggles with these state authorities over our beloved children. The 2003 federal court and Ninth Circuit in 2005 said we could not represent our daughter because we had no attorney at that time, and so the case proceeded up through the federal court system without any review of the merits of our case, until 2006, when we timely refiled our suit in state court in Sacramento, this time with an attorney. We had met every deadline, and we had struggled to protect Nancy, as we had done for 31 years. Elsie, Nancy's mother, was appointed as her guardian ad litem for purposes of this lawsuit. The defendants, without attemting to refute the facts of our complaint, then r~sumed their

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desperate struggle to keep the case from proceeding to discovery and deposition on technical and procedural grounds. In 2007 when the case went to Santa Clara County, against our objections, the state defendants deluged us in a mountain of paper attempting to squelch our case, expecting that we could never respond in time. But we did respond, and by working day and night doing our own research with the help of our attorneys we successfully attacked their arguments, and challenged the judges with conflicts of interest. It was made easier by by the incompetence and the idiocy of their attorneys' counterclaims and dirty tricks. By August through October 2007, we had responded to and trumped everyone of the six defendants' lawfirms meritless procedural arguments. At that point, something extraordinary occurred. One of our defendants, an attorney for the County who had been proven on the APS record to have conspired in the illegal kidnapping of Nancy, (Duong) was appointed a judge by Gov. Schwarzenegger and in response and . in recognition of the conflict of interest, the entire court recused itself, all seventy-odd judges. Instead of allowing us to move our case to a neutral county as we had repeatedly requested in our considered opinion that no justice could ever be had in Santa Clara County, the court requested a special retired judge be appointed for a very short time to get the case dismissed. It had been apparent for a long time that the Superior Court of Santa Clara County was riddled with bias and self-interest against us, because of their previous entanglements. Palo Alto had not yet even appeared in response to our summons by September 2007, and when we filed for default, they saw no way to avoid defeat but to claim that we, not they, were "vexatious litigants!" This in simple English means the case is over before it even starts to discovery, because we supposedly are crazy and just file the same frivolous lawsuits and gibberish motions over and over just to harass them. Of course, this is untrue, and we responded with strong opposition briefs. The out-of county judge who was picked for only 30 days (Judge Byrne of Napa County) agreed with Palo Alto, even though the defendants could not prove their motion. The law is very clear and narrowly drawn, and vexatious litigant status is a very extreme remedy. It requires for one thing that you be unrepresented by an attorney. We were represented by attorneys, and had not filed any other lawsuits in more than 10 years, and there was nothing in the least meritless about our responses to the defendants' frivolous motions. The judge did not review the record, just saying it looked too large and therefore the inflated record must have been our fault. He demanded an unprecedented $500,000 bond to continue the case, at least ten times as much as we ever found in our research.

We immediately filed an appeal in 2007 and have demolished the defendants' arguments based on the record in our appellate briefs (1), (2), (3). We have waited since early 2007 for this case to come up for oral argument, following briefing. Mr. David J. Beauvais from Oakland, a veteran civil rights trial lawyer, will argue for the family. Mr. Beauvais was involved with this case since 2006, and we have tremendous confidence in his abilities, based on his astonishing successes in the past and his strong commitment to our case. We have now fought this fight for Nancy for nine years and during all that time defendants have never had to account for their crimes or coverups or their continuing abuses. Now we have a chance for the first time to force accountability and sanity.

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The issues in this case go far beyond the issues of vexatious litigant status into whether a vulnerable person like Nancy, who has been held as a virtual litigation hostage in their custody since 2001 and has been severely abused, both physically and psychologically, possesses any civil rights at all, or whether she has attained non-person status and can be treated as "civilly dead." It has the potential to be an important and dramatic proceeding. If affirmed, however, it has a very dangerous potential to totally disenfranchise handiCapped, elderly and disabled citizens. Our goal is to protect Nancy and others by seeking to punish these state officials with stuff monetary damages for their arrogant obnoxious paternalism and illegal conduct and thereby discourage future abuses of this kind. Please come and bring friends! Popcorn will be served to the first 10 people showing up! For more information, call: David l. Beauvais, Esq. (510) 832-3605

Jeffrey R. Golin (650) 518-2850 (Cell)

-------- Original Message -------Subject: City of Palo Alto Imprisons Innocent Woman Because She has a Disability From: Restorative Justice Date: Wed, November 17, 2010 6:57 pm To: [email protected]

On Mon, Jul 27, 2009 at 1:28 AM, Tony Ciampi wrote:

"On November 15, 2001, 31-year-old Nancy Golin was taken by Palo Alto. California police from her family, never again to return. " Outside Counsel for Palo Alto, Scott Pinsky; The City of Palo Alto, City Attorneys Gary Baum and Don Larkin with the blessing and endorsement of Palo Alto's City Council, the Santa Clara County District Attorney's office/ DA Dolores Carr, the Santa Clara County Board of Supervisors and the State Attorney General's office/AG Jerry Brown have falsely imprisoned an innocent person depriving her of life, liberty and the pursuit of happiness because she has a disability. They are doing so because they do not want to take responsibility for the mistakes made by the Palo Alto Police Department and other agencies involved in abusing Nancy Golin. http://www.freenancy.com/notice re vex litigant status.pdf www.freenancy.comlNewspaper%20Reports.htm http://www.freenancy.com/Newspaper%20Reports.htm The family has spent their life savings trying to free Nancy from this "prison-type" system. The family has gone to court . and been rebuffed in Federal Court

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"

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http://mitchell-Iangbert.blogspot.coml2007/11/golin-v-allensby-iudge-j-michael-byrnes.html

Sunday, November 25, 2007 Golin v. Allenby: Judge J. Michael Byrne and the Twilight of Progressivism I have recently blogged about Golin v.Allenby (and here). Today, Napa Countyis Judge J. Michael Byrne has declared that the Golins are "vexatious litigants" and barred them from further action unless they put up a $500,000 bond because they are suing to get their autistic daughter back from state officials who may have allowed her to be raped. Moreover, the Golins' names are to be put in a statewide registry forseven years that among other things prevents them from any further advocacy on behalf of their daughter. The Golin v. Allenby case is a good illustration of why Progressivism and the New Deal, the two movements that created today's liberalism, have failed. Progressivism aimed to increase democracy by expanding the power of government. Its successor ideology, the New Deal, aimed to bestow even greater power on government bureaucracies, enabling them to harass, control and harm individual citizens. The Golins are a signal example of why the public has rejected progressive-liberalism. There are allegations that Judge J. Michael Byrne has colluded with the California State Attorney General, Jerry Brown, to attempt to deflect a multi-million dollar lawsuit against Santa Clara County for its kidnapping and abuse of Nancy Golin. The Golins urgently need local representation in California for their civil suit. The following release, which I have just received, offers but one more example of the tyrannical essence of progressiveNew Deal-liberalism. >"ADULT AUTISTIC CHILD WITHOUT A CHAMPION: A SUMMARY OF DISABILITY, IMPRISONMENT, AND JUDICIAL LEGALITIESGolin v. Allenby Santa Clara County Superior Court No. 1-07-CV-082826 (Updated November 24, 2007) "In thousands of documented cases across the country, the standing of a caring relative or committed advocate to represent the interests of the ward may be challenged by a defendant, as part of a defense strategy that almost invariably proves successful . "Once the defense removes the family member, the ward is helpless, because no one other than the alleged wrongdoer can supposedly represent the ward. And a reasonable person never sues himself. "Latest Update -San Jose, California, November 20, 2007. An assigned retired superior court judge from Napa County has just declared the Golins to be ''vexatious litigants". Judge J. Michael Byrne, assigned by Chief Justice Ronald George to sit in their case traveling 100 miles from the

San Jose Courthouse for only 30 days, granted the State defendants' motion barring the Golins from ever again proceeding with their case unless they put up a $500,000 security bond within 10 days. In doing so, Judge Byrne ignored each and every one of the

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narrow defmitions provided in necessary statutory criterion, intended to prevent misuse of the law to prevent truly meritorious lawsuits from proceeding. The state and local defendants were represented in part by the State Attorney General's Office headed by recently elected Jerry Brown, Santa Clara County Counsel's Office and City of Palo Alto outside counsel Scott Pinsky. This places the Golins' names in a statewide registry for seven years that among other things prevents them from any further advocacy on behalf of their daughter. . "This nuclear option in California law is ordinarily never used except in the most extreme circumstances to protect the courts from abuse, where an unrepresented litigant obsessively files dozens or hundreds of meritless lawsuits which are fmally decided against them, often with the same allegations or against the same parties, in order to harass, punish or intimidate their victims into settlement. Alternatively, if an unrepresented litigant repetitively files meritless motions in a lawsuit, this law may be applied, but the motions or oppositions must be genuinely meritless and the case must be judged to have no likelihood of prevailing on the merits. "Clearly that is not what is happening here. The Golins are representing by two prominent attorneys, including David J. Beauvais of Oakland. The lawsuit is the only one they have filed in at least 10 years. They have never before been determined to be ''vexatious litigants". Neither of their pro bono attorneys believes that the Golins' case lacks merit, or is being pursued for purposes of delay or harassment of the defendants, and it would not be reasonable that they would waste their precious legal talents working for free on a meritless case. The state defendants argued to Judge Byrne that the Golins are not "really" being represented, because Mr. Golin is personally assisting in his case from his six years of firsthand personal knowledge ofthe facts and law. If brought

before a jury, they believe that the Golins case would result in a damages award in at least the seven figures, and that is the problem for the defendants. After they filed their objections to the lawsuit's legal bases, the Golins filed oppositions that should under any standard defeat their objections and allow them to try their case, reaching discovery and trial. The pretext that the Golins motions and countermotions are frivolous is pretextual, because the defendants clearly know they are not, and that is what scares the state into this radical defense posture. The state attorney general's motives in desperately covering up the

defendants' criminal liabilities in this case are still open to speculation. "Judge Byrne asked the defendants at one point to know which of the Golins' motions they were calling meritless or frivolous. Yet after the defendants failed to do more than cite the caption of one of the plaintiffs' best motions, complaining that the Golins were "driving them crazy", Judge Byrne granted the vexatious litigant motion anyway. The Golins observed it would have been simpleminded for Judge Byrne to merely reach the motions and counter motions themselves in one more hearing to see what they contained, but apparently that was what the state sought to avoid at all costs.

"Mr. Beauvais stated that, in his view as a veteran trial attorney for 25 years, the decision represents a gross miscarriage of justice, because no one can now represent Nancy Golin except the state, which has abused her. The Golins are complaining of total denial of their Constitutional due process rights under the 5th and 14th Amendments for themselves but especially for Nancy. They argue that the state's method for choosing appointed judges when no other judge in the court is available to act invites abuse by allowing the attorney general to very easily judge-shop for a compliant or corrupt judicial officer, dangerously thinning the fIrewall between the judicial and executive branches.

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"The History "On November 15,2001, 31-year-old Nancy Golin was taken by Palo Alto, California police from her family, never again to return. Up to then, she had depended on her parents, Jeff and Elsie Golin, to protect her. They had unhesitatingly undertaken the task of raising their autistic child at home since birth, with love and quality care. Nancy's parents had fought against California agencies they saw as irresponsible, uncaring and incompetent, after attempting for years without success to obtain appropriate school services. Their efforts had won them the admiration of many in their local community. "This whole incident began when Nancy wandered away as is her habit and her parents reported her missing, but upon her independent return to her parents' home, the police requested that she be taken to a medical facility for examination to insure that nothing had happened during her absence. Yet when the Golin's tried to reach Nancy, the nightmare began, with a series of clearly illega1 confinements. Police had taken Nancy to the nearby Stanford psychiatric ward on a ruse, without warrant, emergency or probable cause, and attempted to involuntarily institutionalize her. When the grounds were legally rejected and they could show no probable cause, they chose instead to "place" her in a group home at a secret destination chosen by the loca1 Regional Center, San Andreas (SARC) and Adult Protective Services (APS), via a forged signature to her IPP constituting "consent" to institutionalization .

To cover up their mistake and to squelch press reports, the San Andreas Regional Center (SARC) and Adult Protective Services (APS) appealed to the Santa Clara County DA to trump up malicious abuse charges the parents, Jeff and Elsie, who were falsely arrested, and spent a night in jail facing felony charges. The local police produced a falsified police report which was immediately discounted by Nancy's doctors and the parents' supporters. It took 14 months for Jeff and Elsie to get the district attorney to drop and expunge the charges. Meanwhile, State attorneys from the Department of Developmental Services (DDS) pursued Nancy's conservatorship by DDS Director Allenby and SARC, proceeding at first in

secret, and then opposing the parents own petition in a David versus Goliath mismatched 2003 probate trial (which did not address the illega1ities of the removal and confinement). The parents attempt to appeal was thwarted by procedural barriers caused by their inability to procure a complete record of the trial. . "Since her confinement, Nancy has suffered numerous physica1 and neurological injuries and abuses. She has lost the use of her hands, been hospita1ized dozens of times for seizures and esophageal ruptures, five years of dental neglect causing her to lose almost halfher teeth, been improperly subjected to destructive psychiatric drugging, and likely molestation. SARC reports to doctors she now has cerebral pa1sy. Recent evidence has surfaced concerning terrible abuses she

suffered at the hands of the state conservators that were concealed before her conservatorship trial and did not come to light. All of these injuries occurred while in SARC's and APS's care. Not the least of the harms, she is not allowed to see her parents except under extreme restrictions and she is not being allowed to go back home for reasons she cannot understand and no one purports to explain. The parents have thus far been denied any say in her care or standing to litigate on her behalf. "The state civil lawsuit

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"Jeff and Elsie filed timely tort claims and a §1983 civil lawsuit for damages in Federal District Court in 2003 . They were unable to overcome the lack of counsel for next friend standing. Federal law mandates that parents need an attorney of record in order to have legal standing as "next friend" of the adult child. The case then wound its way through the federal courts from refilling of their state' claims in Sacramento into their present state court proceeding in Santa Clara County, where they have been interim representation provided pro bono by New York attorney Gerard W. Wallace of Albany Law School, just recently joined by Oakland civil rights attorney David J. Beauvais. "The parents are suing Mr. Allenby of DDS, several County of Santa Clara defendants (including APS, the DA, and the public defender), several SARC defendants, the City of Palo Alto, Stanford Hospitals and Clinics, the care home operator, and others. Their 17 causes of action include both claims on their own behalf and on behalf of Nancy. They are claiming constitutional violations under i st, 4th, 5th, 6th, 8th, and 14th amendments, Section 1983 civil rights and ADA, as well as state tort claims including attorney and medical malpractice, personal injury, slander, emotional distress, and malicious prosecution. The parents are seeking general, compensatory, exemplary, and punitive damages. The parents' statutes' of limitations have not yet accrued. All parties have been served and all but three defendants have filed demurrers and answers. "In California, well-established authorities entitle the parents to represent their daughter in litigation as guardians ad litem (GAL), because the conservators are defendants and thus have conflicts of interest. The defendants dispute those theories. "The focus of SARC's and County's intent appears to revolve around their interest in covering up abuse by opposing and denying discovery rights by relying on the (flawed) theory that conservatorship creates a monopoly of legal standing. This theory, unsupported by any legal authority, which the Golin's lawsuit challenges, leads to the absurd con:clusion that no one other than the conservator may sue the conservator. Without expressly claiming it, SARC has thus far garnered absolute protection from liability. The parents' desire for their daughter's return is paramount, but they perceive that due to local judicial entanglement this will never be possible as long as SARC perceives the loss of their conservatorship as representing a liability threat. "The state civil lawsuit - UPDATED 9124/07 "The parents experienced severe bias in Santa Clara County Superior court due to the influence, power and entrenchment of Santa Clara officials due to their misconduct in this case, and judicial entanglement with these parties. The parents fought to keep the civil case in Sacramento last year, alleging impossibility of a fair trial in Santa Clara County, but the Sacramento judge simply did not accept their allegations as proving sufficient bias to resist County of Santa Clara's motion to change venue to their home turf. Events since then have resoundingly vindicated their allegations of suspected bias in Santa Clara County. Mrs. Golin, who was appointed guardian ad litem to represent their daughter, was removed as soon as the case was moved to Santa Clara County, and the County has done everything in their power to resist appointing anyone else. To date, four judges have been challenged for cause, and two. of them have recused themselves in response. One of the

defendants in the case, who worked for County Counsel's office was sworn in as a judge, necessitating the recusal of the entire Santa Clara County bench. Ajudge assigned by the judicial counsel, Judge Breen, was appointed from another county to sit in Santa Clara, over the plaintiffs' objections, and he has now recused himself, too, after a showing of prima facie bias and challenge for cause. As things stand, the parents are trying desperately to get the case transferred back out of Santa Clara County, because they are being denied due process there; there

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is no judge of the court to grant discovery motions, no judge to appoint a guardian ad litem, no judge for emergency ex parte motions, and the Court has closed ranks against the Golins. Theoretically, Judge Breen was supposed to be able to grant any motions himself, but he has not been available to do so and would only come to court on scheduled motions daY$, and refused to go through with the appointment of a guardian ad litem for Nancy. "On September 21, 2004, the defendants were poised to get Judge Breen to steamroll through all their demurrer motions without a guardian ad litem on the theory that Nancy had no standing to bring her claims, but Judge Breen recused himself instead, sympathizing openly with the defendants. Mr. Beauvais appeared for the second time, and the case was rescheduled for November 5, when Mr. Beauvais had planned to be on vacation out of the country, over plaintiffs' objections. Mr. Beauvais was prepated to argue the case, having studied the defendant's demurrer motions and motions to strike the complaint and having found them to be frivolous. Mr. Beauvais has commented that this case has gone so far beyond the normal course of events to protect the County and other . defendants it is almost impossible to believe. Meanwhile the parents are moving to get the case transferred again to a nearby county, and awaiting the appointment of another judge to petition for removal to. The parents are seeking ways to fight the official corruption that has become all too openly apparent, in order to gain their due process rights for themselves and Nancy. "Pending United States Supreme Court Petition for Certiorari During the California proceeding, the parents petitioned the US Supreme Court on Certiorari, to settle the question of who has standing to select Nancy's GAL, the plaintiffs or the defendants? Nancy is a plaintiff. We have anadversarial system of justice. No authority has been found to suggest that a defendant can play any part whatever in the selection of a plaintiff's representative. The defendants' inherent conflict of interest is inescapable. Yet the absurdity of a defendantllominated GAL is exactly what the state courts have been entertaining. This absurdity went as far as the state court recently attempting to appoint one of SARC's own attorneys as Nancy's GAL. This attorney was cited four times in the complaint as spearheading the effort to conserve Nancy and attack her parents. The attempted appointment failed because the parents were able to announce in open court their objections and the reasons that the proposed appointee had a overwhelming conflict of interest. "Nancy's mother, Elsie, now armed with legal representation,was appointed as Nancy's GAL twice in a normal ex parte appointment proceeding. Yet twice the defendants have rushed into ex parte proceedings to remove her, on the grounds that Elsie supposedly has an unspecified conflict of interest with her daughter and asserting a non-judicial right to be noticed and a hearing to object, claiming that the normal ex parte procedure constitutes a "subterfuge" without notice to them, which is clearly an error at law. If this were left to stand, a defendant could dismiss a plaintiffs' guardian ad litem any time during the proceeding they were upset with the plaintiffs' actions in litigation. The reason the emergency was felt to remove her was that Mrs. Golin was. seen using her powers to discover evidence of abuse against Nancy. SARC pretextually maintains that it is in Nancy's interest to stay in SARC's control and that they are the sole decider of her interests. Thus, SARC alleges, Elsie has a supposed conflict of interest with her daughter. As Nancy's lifelong caregiver Elsie is certainly legally qualified to speak on behalf of Nancy' interests, having a long-standing significant relationship. As cause, SARC declares that it fears· that discovery by Mrs. Golin would potentially disclose abuses that might cause them to lose their conservatorship, saying that SARC apparently knows something that they feel is much too damaging tobe disclosed, which would seem to be a self-incriminating defense demanding investigation, not cover-up. The probate court has supported this concealment so

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far. "The parents are hoping that the Supreme Court will step in and settle this question. The matter is calendared for conference on September 24th. What is needed at this point is institutional support and publicity for our cause, which ifleft to stand will affect untold numbers of disabled persons. So far the mainstream media has ignored this case. The parents need help changing that, to help the Court focus attention on this . . "Critical Issues at Stake in Elder Law

"One critic of probate abuse has recently referred to a "white collar crime wave" involving handicapped persons in involuntary conservatorships, due to lack of effective court oversight, and due to the so-far undefeatable tactic of such defendants to smear anyone, whether family or friends, that attempts to intervene to rescue their loved ones from what would otherwise be considered kidnapping, abuse and false imprisonment. "In each of these thousands of documented cases across the country, the standing of a caring relative or committed advocate to represent the interests of the ward is attacked as a defense strategy . Once the defense succeeds at removing the family member, the ward is helpless, because no one other than the alleged wrongdoer can represent the ward. And a reasonable person never sues himself. Thus, the ward is left with no rights at all. "As a counter and check to such abuses, a precedent that controls such advocates rights to act as GAL's in civil proceedings, which may in some cases be the ward's only way out, would be very helpful. It affords a measure of heightened due process and damages that are not available in probate courts, and allows interested parties to partiCipate that would otherwise be excluded. Authority is available under Title II of the ADA for ''parties aggrieved" to afford independently enforceable standing to parents or relatives to litigate on behalf oftheir incapacitated family members, which follows the example set by the recent Winkelman v. Parma City, 127 S.Ct. 1994 (May 15,2007) Supreme Court opinion for IDEA cases. "Important Issues "Issue #1: Does a defendant ever have standing to object to the pl,aintiff's choice of guardian ad litem. "Issue #2: Do parents with ADA claims have standing to sue as "parties aggrieved" on behalf of their developmentally disabled child notwithstanding that the child has been appointed a conservator, when the conservator has a conflict of interest by virtue of being named a defendant. "Issue #3: How can a conservatee ever find their way out of the conservatorship without civil relief by interested parties, given that the state attacks the credibility of anyone that attempts to represent them? "Issue #4. Does it make sense to provide relief to disabled adults under the ADA without allowing anyone to advocate for that relief, given that they are handicapped? "What Do the Parents Need? "The parents urgently need local representation in California for their civil suit. Mr. Wallace cannot continue to represent their interests from New York. He is filling in while permanent local counsel can be obtained. If even half their claims are supported, attorneys have opined that the damages awards would be very considerable, especially if submitted to a jury.

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"Finding private counsel that would take the case on a contingent fee basis is feasible. It is only a matter of paying costs, and the parents have lined up a couple of interested attorneys. But law firms with pro bono projects which would usually be expected to have an interest, have not been receptive thus far. After 6 years of litigation, the parents have limited resources, but can pay incremental fees as needed. "The parents are committed and knowledgeable about their case. Jeff Golin is sufficiently self educated in the law as to present a formidable adversary during pro se hearings. The parents' rights continue to be infringed. Their visits with Nancy resemble jail visits more than family occasions. Nancy cannot understand why this is being done to her by her own parents. She appears more and more abused each time the parents see her. "If the parents fail, Nancy will face a lifetime of false imprisonment and abuse without any available relief, truly a "creature of the st2:!te" as decried in the US Supreme Court decision, Parham v. JR, 442 U.S. 584, 602 (1979). This is not only a bad outcome for Nancy, but sets an extremely dangerous statist precedent for the country as well.

"It is unknown if the parents could renew their fight in federal court now that they have representation. The first round of federal litigation did not reach the question of prejudice, or lack of it. Many if not most of the federal exceptions, abstention doctrines and preclusion issues that kept the parents out of court the first time have in the meantime been settled by the u.S. Supreme Court in the parents' favor. According to the doctrine of pendent jurisdiction, all the state claims that were being considered in federal court are relegated to the state court, and can be refiled under 29 U.S.C § 1367, which has been employed here. For more information please call Mr. Gerard Wallace (518) 445-3266, David J. Beauvais (510) 8323605, or Jeffrey Golin (650) 518-2850. POSTED BY MITCHELL LANGBERT AT 12:42 AM LABELS: GOLIN V. ALLENBY, JUDGE 1. MICHAEL BYRNE, LIBERALISM, NANCY GOLIN, NAPA COUNTY, PROGRESSIVISM, SANTA CLARA COUNTY

http://www.freenancy.com/notice re vex litigant status.pdf http://www.freenancy.com/notice re vex litigant status.pdf http://www.freenancy.com/appeal response to VL notice.pdf

www.freenancy.comlNewspaper%20Reports.htm http://www.freenancy.com/Newspaper%20Reports.htm

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Minor, Beth

IONOV 24 AM 7: 3!

From:

[email protected]

Sent:

Tuesday, November 23, 2010 6:37 PM

To:

[email protected]; [email protected]; Council, City; HRC

Cc:

city [email protected]; [email protected]

Subject: Re: Here is a 1 hour radio show on 91.7 - After the Mehserle yerdict, wher e is justice?

Hey, I forgot to include the politicians ,sorry. Now you are in the conversation. Aram

On Tue, Nov 23, 2010 at 3:16 PM, [email protected] wrote: Hi Folks (DA's, PD's; Judges, Activists, Artists, Organizers, Legal Workers, Debug Community, Law Enforcement, Musicians, Investigators,Journalists, Educators -- and other interested parties): Dolores, Jeff, Mark, David, Jay, Gale, Karyn, Peter, Mary, Bernie,Miguel, Javier, Donald, Betsy, Steven, Debra, Tim, Anna, Danny, Blanca, Charisse,Raj, Ernest, Dennis, Doug, Carol,Lewis, Mike, Ray, Ron, Sean, Chris, Galen, Muata, Michele, Nona, Myra, Jeff, Ron,Kitci,Jett, Dave, et al: Here is the audio file of the 1 hour radio show that I was on last week ( I was one of the three guests). If the topic is of interest to you---and you have a little time to listen to the show, I would appreciate your comments/feedback ( not only on my comments but the entire show). I have little doubt that each of you may strongly disagree with a number of the issues/arguments that I made/raised (or those addressed by the other guests- and callers) but, as you know--I respect each of your views and always learn something from your well thought-out perspectives. Okay,I look forward to hearing from each of you. Best regards, Aram

Thursday, November 18, 2010 11/24/2010

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After the Mehserle verdict, where is justice? On the next Your Call, we'll open up a dialogue about our justice system. BART Police Officer Johannes Mehserle was given a two year sentence for the killing ofunanned suspect Oscar Grant. Who does our criminal justice system protect and who does it target? When protesters chanted "We're all Oscar Grant" -- did you think they were talking about you? Join us live at 11 or send us an email at [email protected]. What's our responsibility as a community to push for justice? And what does that look like? It's Your Call with Rose Aguilar and you. Guests: Jack Bryson, father of Nigel and Jackie Bryson, friends of Oscar Grant who witnessed his death Tshaka Barrows, program manager for Community Justice Network for Youth (CJNY) Aram James, retired Santa Clara County Public Defender of25 years and justice activist Click to Listen: After the Mehserle verdict, where is justice? at 12:00 AM ~J21 Labels: BART shooting oscar grant, bay area politics, criminal justice, criminal sentencing, multicultural bay area, police, police brutality, police shooting, racial profiling, us racial politics 1 comments:

John Q. Eniac said... . The audio file for this segment LMehserle verdict") is 'not found'. WIll this be available? November 20.201012:19 AM III

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