CIVIL LIBERTIES MONITORING PROJECT in 2009


CLMP ANNUAL MEMBERSHIP MEETING IS DECEMBER 9TH, AT 7 PM AT CLMP OFFICE. 

CLMP holds MONTHLY BOARD MEETINGS on the first Wednesday of each month to plan and review CLMP activities and foci.  YOUR MEMBERSHIP DUES AND DONATIONS cover office expenses and wages. 


CLMP OFFICE

CLMP office, upstairs in Garber Square, is staffed for several hours on Tuesdays and Fridays of each week, with a winter break in February.  TELEPHONE CALLS to CLMP are monitored daily.   QUESTIONS AND REPORTS are received by telephone, email, and in person from community members with civil liberties concerns.

1.  Citizen reports about law enforcement activities in progress and helicopter over-flights are forwarded to KMUD radio for release to the listening public. 

2.  Inquiries on the rights of military enlistees are forwarded to the GI Rights contact person. 

3.  People with legal questions are referred to Civil Rights Attorneys from our database. 

4.  People’s complaints about mistreatment at the hands of particular local law enforcement agencies and officers are recorded in our complaint database. 

5.  Questions are addressed; sometimes with calls to local law enforcement. 

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CIVIL LIBERTIES HOUR, MONTHLY CALL-IN TALK SHOWS OF 2009

 LIVE at KMUD on the 1st Wed.  of each month at 7 pm.   * All are Available at KMUD archives: www.kmud.org.


*  JANUARY 7:  Democracy Under Seige From Within: speeches from Nov. 2008 CLMP Forum by SHELDON WOLIN, author, DALE GIERINGER of NORML, WILLIAM PANZER, forfeiture attorney, and ROBIE TENORIO on GI Rights. 


*  FEBRUARY 4:  4th Amendment Rights, w/ attorney ERIC KIRK. 


*  MARCH 4:  Legislative Agendas re: Marijuana Legalization, w/ DALE GIERINGER, CA NORML. 


*  APRIL 1:  Remote Real Time Access to BOS & Planning Commission Proceedings w/ Access Humboldt Executive Dir. SEAN MCLAUGHLIN and Supervisor CLIF CLENDENEN. 


*  MAY 6:   Public Access in County Gov’t, with SIMON FRECH, KMUD’s technical Director, JAN KRAEPELIEN, Communications Specialist for Arcata, and SEAN MCLAUGHLIN, Access Humboldt.   

*  JUNE 3:  Understanding the General Plan Update (after the May Town Hall Meeting), with CLIF CLENDENEN and Planner MARTHA SPENCER. 


*  JULY 1:  Under Sheriff MIKE DOWNEY. 


*  AUGUST 5:  AB 390 & Other Schemes & the Prison Issue, with DALE GIERINGER and ELLEN KOMP. 


*  SEPTEMBER 2:  CHP, Comm. ADAM JAGER, & Sgt. MARTIN ABSHIRE. 


*  OCTOBER 7:  GPU & Citizen Participation, w/ ESTELLE FENNELL  


*  NOVEMBER 4:  Citizen Concerns Re: New Resident Deputy, w/ ERIC KIRK, call-in by Mendocino County Sheriff TOM  ALLMON re: jurisdiction question.  


*  DECEMBER 2:  Code Enforcement Unit issues, Public Participation Processes w/ CLIF CLENDENEN.


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 TOWN HALL MEETINGS

CLMP organized a Town Hall Meeting held at the Veterans Memorial Hall on May 22, to bring our SUPERVISOR and PLANNERS to Garberville to explain and clarify their approach to the COUNTY GENERAL PLAN UPDATE and to receive input from southern Humboldt citizens.  It was facilitated by ERIC KIRK and ROBIE TENORIO.  It was well-attended, with many residents asking questions and expressing their concerns and opinions.

Much energy was spent in the attempt to get a second town hall meeting on this subject to happen, to no avail. So far, Supervisor CLENDENEN and Planner MARTHA SPENCER have not been available for a follow up meeting. 


CODE ENFORCEMENT & THE 4th AMENDMENT 

An information Packet was given to supervisors, compiled by CLMP, of incidents and Court rulings in Humboldt County history that illustrate the need for concern about the risk to the safety of citizens when armed law enforcement performs code enforcement raids.   (A copy is at the CLMP office.)


1.  Introduction by Bonnie Blackberry


2.  Excerpts -- 1993 4th Amendment Rulings by Humboldt Co. Superior Court Judge John E. Buffington.  


3.  CAMP Consent Decree/Ground Activities (1988) 


4.  Code Enforcement Statement of Responsibilities 


5.  Inspection Warrant Documents of 2007 and 2008 raids on Wood Ranch, Yee Haw, & Bald Hills. 


6.  4th Amendment Rulings by Humboldt County Superior Court Judge Buffington, April & May  1993 


7.  1973 Rolling Stone Magazine Article “Death in the Wilderness, the Justice Department’s Killer Nark Strike Force,” by Joe Eszterhas, investigative reporter.


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THE 127 PAGE SEPTEMBER 2008 CODE ENFORCEMENT TASK FORCE REPORT 

Copies were presented to the newly elected Humboldt County Supervisors and the newly appointed 2nd District Planning Commissioner in early 2009, by CLMP.  The report presents the 17 Unanimous Recommendations, along with Findings and Recommendations by each Task Force member, after hundreds of hours of collective work on the issue in 2008.   (This report is available at the CLMP office, and there is a copy at the Garberville Library.)


THE 17 UNANIMOUS RECOMMENDATIONS (PART 2 OF REPORT):  

All recommendations in Part Two are unanimous.  The numeric order in which the recommendations appear is not intended as any form of  prioritization but is for reference purposes only. 


1.  The Board of Supervisors has a number of decisions to make regarding the future of the Code enforcement Unit (CEU).  The CETF recommends that the Board make those decisions in light of our findings and recommendations.  Such decisions should be made prior to any hiring, restructuring, or budgetary decisions regarding the CEU. 


2.   The CEU Manual needs to be rewritten.  The CEU manual should be reviewed and revised to reflect operational parameters at regular intervals.  The CEU manual should contain an “Enforcement Response Plan” to provide clear delineation of appropriate remedies and guideline thresholds for pursuing various code enforcement actions.  The document must be formatted and edited so it may be easily used by staff and reviewing authorities, and proposed revisions to standards and procedures must be reviewed and approved by managing department(s) and the Board of Supervisors. 


3.   The CEU should adhere to the Statement of Responsibilities as adopted/revised by the Board of Supervisors. 

                                                 

4.  The Board of Supervisors should review the Statement of Responsibilities to encompass interdepartmental case referrals for voluntary compliance while maintaining its emphasis on serious health and safety violations as verified by the referring department. 


5.  The CEU needs better supervision/oversight, and a clear chain of command. 


6.  The civil and criminal roles of the CEU need to be clearly defined and separated, so that Code Enforcement is not used by other law enforcement agencies to pursue non-Code violations. 


7.  CEU should report to a single managing department. 


8.  When the CEU requests assistance or backup from law enforcement agencies for security during field activities, such assistance or backup shall be provided in accordance with a pre-established agreement which clearly specifies the role of law enforcement, chain of command, reporting structures, procedures for developing and approving operational plans, and mechanism for after-action reviews. 


9.  Code Enforcement investigators should not conduct warrant inspections until after development and review (by an attorney not in a supervisory role over the CEU) of a procedure for legally and appropriately seeking and using such warrants, and such procedure should be subject to public scrutiny.  


10.  No-notice inspection warrants should be used only in clearly identified circumstances dealing with immediate health and safety needs and subject to a review process, and should not be used as a tool for non-Code Enforcement criminal law enforcement purposes. 


11.  The Board of Supervisors should ensure that Code Enforcement Oversight Committee meetings are attended.   


12.  The Code Enforcement Oversight Committee should perform a management role for the CEU, which includes:  determining CEU priorities/resource allocation; reviewing interdepartmental coordination;  ensuring that policies of the Board of Supervisors, including the Statement of Responsibilities, are followed; suggesting needed refinements to CEU procedures; and ensuring that the managing department for the CEU reports to the Board of Supervisors on CEU activities. 


13.  The Code Enforcement Oversight Committee shall maintain a written record, which shall be subject to periodic review.  A case review function shall exist separately from the Code Enforcement Oversight Committee. 


14.  The CETF recognizes the need for the mediation and problem solving functions of an ombudsman in County interactions with the public and recommends that the Board of Supervisors establish a committee to define this role and clarify how this may be served. 

                 

15. The CETF recognizes that the public concerns regarding onerous and punitive enforcement actions are much broader in scope than the CEU.  The CETF recommends that the BOS make a priority out of reviewing past documents touching on code compliance issues in the County (as found or referenced in this report) and consider appointment of a new committee to examine these broader enforcement issues, including but not limited to: 

        *amnesty/clean slate issues 

        •housing element implementation 

        •permit process compliance/streamlining 

        •decriminalization ordinance implementation 

        •cost of implementation 


16.  The Board of Supervisors should appoint a blue-ribbon Land Use Clarification Committee.    The Board of Supervisors should appoint a blue ribbon committee made up of a broad base of licensed professionals and officials with relevant portfolio to meet identify, evaluate, make findings and recommendations directed toward the most  practical solution of the many problems revealed in the CETF Subcommittee report on pages 129 to 132. 


It is recommended that this blue ribbon committee should include, but not be limited to, the following professional, community, and governmental interests: Real Estate Industry; Title Companies; Banking Industry; Appraisal Industry; Insurance Industry; Farming; Ranching; Forestry Interests; “Suspect” parcel owners; Property Rights Organization; Civil Liberties Organization; Representative of County Departments of Planning, Recorder, Assessor. 


17.   The Board of Supervisors should appoint a blue ribbon workgroup to include the Environmental Health Department working  cooperatively to examine the Experimental Disposal System Program  (EDSP) adopted in 1984, determine its current status and areas in need of revision, report findings and recommendations to the Board of Supervisors on how to update and make the program more user friendly and more open to public participation.  The workgroup should have representation  of interested, experienced and knowledgeable citizens with special alternative system expertise together with the County Environmental Health Department officials. 


The CETF recommendations have not been fully addressed by the Board of Supervisors 



CIVIL LIBERTIES ISSUES IN NORTHERN HUMBOLDT 

were researched by CLMP board members


1.   Procedures and timelines of bringing a civil suit against the city of Arcata for unnecessary violence against an individual by law enforcement for a person who reported that he was being given a run around by County officials;  


2.  The process of developing an initiative for a county or municipality in response to a person wanting to create a County CBD garden especially for Iraq War Veterans; 


3.   The Ariel Drone spying device being used by the US Forest Service and the DEA, and reported to us; 


4.  Incidents caught on video and presented on U-Tube of unnecessary violence against homeless people by Eureka Police, and other such meanness as parole sweeps rousting people at 3 am who are sleeping in their cars, and poking people with nightsticks at 3 am who are sleeping under overhangs to get out of the rain; 


5.  Cheryl Lynn’s inquest was attended, and witnesses to the other 4 recent wrongful deaths by law enforcement were interviewed; 


6.   At the request of the ACLU, assisted a doctor, accompanied her going to the Eureka Police Chief to address her wrongful arrest (when administering to a dying street person), and helped her to obtain Procedure Code which had been denied to her, and helped make it available for others. 


7.  Documented and Interviewed a homeowner that was subjected to a 15 day code enforcement warrant in the City of Eureka, and reviewed the wrongful arrest for trespassing of an activist who was videoing that action at the request of the homeowner.  Contacted City Council and DA along with others about her charge which resulted in her being arraigned 3 days earlier than planned.  


8.  Represented CLMP as witnesses at the Poor People’s March attended by 100 people in Eureka, prepared and served food at the picnic afterwards. 


9.  Advised Poor People’s Project of their rights, got reports to and from Copwatch and PARC and reported those to CLMP. 


10.  Represented CLMP at Coalition for Police Review and Human Rights Commission, and after all the findings and meetings, presented a proposal for an Overseer of Police Conduct and Procedure on a case by case basis to the Board of Supervisors, which they approved (against the will of Sheriff Philp). 

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CLMP MET WITH 2ND DISTRICT SUPERVISOR CLIF CLENDENEN 

CLMP followed up on CETF Report issues with CLIF during his Garberville office hours, and advocated for more opportunities for citizens in Southern Humboldt and in other outlying rural areas to have better access to information and opportuniies to participate in  County proceedings and decision-making, in particular:


1.  To work to set up some kind of Garberville pilot project for a real time connection to County Government proceedings.  The last response by CLIF and the COUNTY was, not interested in “changing dynamics”. 


2.  To work to extend Public Access TV to So. Humboldt  to enable Southern Humboldt cable viewers opportunity to view BOSupervisors and Planning Commission proceedings, now only extended to Rio Dell. 


3.  To post availability and location of Video Archives of County Supervisors and Planning Commission Meetings on County web site.  (This has been done.) 


4.   To create  audio archives of BOS and Planning Commission proceedings for improved access for those citizens who do not have high speed internet access necessary to view video archives of proceedings.  


5.  To advocate for Planning Department and Planning Commission to hold needed public meetings in Garberville to clarify matters regarding the GPU and to receive input. 


 (THE PLANNING COMMISSION IS COMING TO GARBERVILLE ON DECEMBER 17.) 


ROUND TABLE ISSUES OF AGREEMENT FOR PLANNING

 CLMP helped to organize and facilitate two ROUND TABLE MEETINGS in Garberville with interested members of the community regarding the General Plan Update.  The following issues of agreement were submitted to the Humboldt County Planning Commission on June 11, 2009: 


“A Round Table Discussion was convened by the Civil Liberties Monitoring Project on June 5, 2009 in  Garberville, with the goal of identifying common concerns and bringing more clarity to issues facing the citizens of Humboldt County regarding the General Plan Update (GPU). We invited a  broad range of individuals that have been working on the GPU and asked them to identify areas of concern and priority in the GPU. We then worked together to identify issues that all attendees could agree were important to include in the GPU. 


The meeting was attended by Robie Tenorio, facilitator, Bonnie Blackberry, Johanna Rodoni, Cecelia Lanman, Richard Gienger, Dennis Huber, Virginia Graziani, Tom McBride, Eric Kirk, Debbie Provolt, Estelle Fennell, Tasha McKee, Jennifer Kalt, Pete Nichols, and Steve Horner. 

     

ISSUES OF AGREEMENT 


1.   Support long term cultural, economic and ecological health of Humboldt County. 


2.  Support Sustainable agricultural, timber and fisheries production. 


3.  Support maintaining protection of Humboldt County water rights. 


4.  We need to have Clarity and Consistency of General Plan elements. 


5.  We need Better Communication between County and Residents. 


6.  2008 Code Enforcement Task Force Report’s unanimous Recommendations need to be addressed, including those related to illegal parcels and unpermitted structures. 


7.  County needs to Develop summary of all public input prior to EIR. 


8.  Develop a path to “Clean Slate  Policy”. 


9.  Prioritize/incentivize good stewardship over punitive measures. 


10.  Find an effective method of notifying property owners of changes to their property rights, such as zoning changes, that may impact use or value of their property. 


11.  Develop Restoration Zoning for incentives and relief. 


12  Support Alternative Owner Builder (AOB).” 


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 BOARD OF SUPERVISORS & PLANNING COMMISSION MEETINGS

 County meetings were attended by CLMP on numerous occasions.  Input was given on General Plan Update issues relating to the Housing Element and Rural Lands Planning issues.  More Public  access to information and Participation in the Planning Process for outlying areas was advocated.

 * After numerous requests by CLMP, HCPR and others,  the Planning  Commission is finally coming to Redway/Garberville on December 17th for a  GPU meeting regarding land use issues. 

 

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A SURVEY LETTER TO ATTORNEYS

 A letter was sent out by CLMP in October, 2009, to all Humboldt County attorneys, asking if they were interested in being referred for civil liberties cases, and of what kinds, etc., in order to update our attorney referral list. 


GREETINGS TO MEMBERS/SUPPORTERS OF CIVIL LIBERTIES MONITORING PROJECT


CLMP’s ANNUAL MEMBERSHIP MEETING is to be held DECEMBER 9, 7 pm at CLMP office, 773 Redwood Dr, Garberville, upstairs.


In this mailer:  CLMP in 2009

1.  CLMP OFFICE Report

2.  CIVIL LIBERTIES HOUR radio shows of 2009

3.  TOWN HALL MEETINGS

4.  CODE ENFORCEMENT & THE 4TH AMENDMENT

     (An information packet compiled for BOS)

5.  The 17 UNANIMOUS RECOMMENDATIONS  to 

     BOS from the 127 page CODE ENFORCEMENT TASK 

     FORCE REPORT of September 2008

6.  Civil Liberties Issues Researched in N. Humboldt

7.  CLMP Meetings with Supervisor CLIF CLENDENEN

8.  Round Table Meetings ISSUES OF AGREEMENT

9.  CLMP at BOS and PLANNING COMMISSION

10.  A Survey Letter to Attorneys


Enclosed is a handy Membership/Donation Envelope to facilitate your contributions which are the mainstay of CLMP.


On DECEMBER 2, tune in to CIVIL LIBERTIES HOUR on KMUD radio at 7 pm where Humboldt County Under-Sheriff MIKE DOWNEY & Shelter Cove Resident Deputy HAMILTON will be in the studio with BONNIE.

    Call-in to have your questions answered and your remarks heard by local law enforcement.

    Much thanks to sponsors:

            AEE SOLAR and CUTTING EDGE SOLUTIONS


And on DECEMBER 17, come to the Planning Commission Meeting in Garberville, place to be announced, to voice your concerns re: General Planning Update, and to support the concerns of your neighbors.  


CIVIL LIBERTIES ATTORNEYS:

(Responded to our October survey letter)

ED DENSON, Alderpoint - 923-4764

JAY MOLLER, Redway/Garberville - 923-9199

MARK HARRIS, Arcata - 822-9506

MICHAEL K. ROBINSON, Eureka - 443-2781

NEAL I. SANDERS, Eureka - 442-4200 

PETER MARTIN, Eureka - 268-0445