City suspends deposition of Mayor Bass

Depositions are underway in the harassment suit against the city of Eureka, but the city’s attorney, Adrienne Moran, is reportedly struggling with a pesky reporter who is sitting in on the testimony.

Times-Standard reporter Thadeus Greenson attended the deposition of Larry Glass on Thursday, but left after Moran threatened to suspend the deposition until she could get an order from the court barring his presence.

Today, during the deposition of Mayor Virginia Bass, Greenson reportedly refused to leave, and Moran suspended the deposition.

Developing…

UPDATE: Full story at the Times-Standard.

Maualuga charged with DUI

Hometown boy turned NFL linebacker Rey Maualuga is being charged with a DUI and reckless driving.

From ESPN:

Covington police spokesman Spike Jones says Maualuga hit a parking meter and two parked cars early Friday with his 2003 Pontiac. There was minor damage.

Rey Maualuga, who plays for the Cincinnati Bengals, also faces an NFL fine of up to $50,000.

Tyson, Eureka in court for harassment suit

The City of Eureka and its manager David Tyson will mount a legal challenge in Humboldt County Superior Court Friday morning against a lawsuit filed by former police dispatcher Tawnie Hansen.

The court will decide if Tyson and Eureka should be held to answer the complaint, which alleges harassment, failure to prevent harassment, and aiding and abetting the harassment.

Lawyers for Tyson and Eureka wrote in the demurrer filing that government immunity protects Tyson from the suit, and that he can’t be held personally liable for the charges even if true.  He and the city also claim Hansen failed to exhaust her administrative remedies.

But Hansen’s attorney, Alan Goldberg, responded that defendants are drawing “backwards conclusion[s]” by nit-picking which boxes Hansen checked on a Dept. of Fair Employment and Housing (DFEH) complaint form.  Hansen checked a box marked “other” and not the box marked “sex” on a pre-printed form about harassment before submitting a fuller description of the particulars.

Tyson and the city also “attempt to mislead this court,” wrote Goldberg, by citing a case in their defense while omitting key paragraphs that support Hansen’s allegations.  The paragraphs include that “a supervisor who personally engages in sexually harassing conduct is personally liable under the FEHA.”

Tyson and Eureka are represented by Santa Rosa law firm Shapiro, Galvin, Shapiro & Moran.

The hearing is scheduled to start at 8:45 am.

UPDATE: Tyson cleared of liability in harassment suit

SUSPENDED: HumCPR

The corporation known as the Humboldt Coalition for Property Rights, Inc. has been suspended, according to the California Secretary of State website.

It could be a simple matter of paperwork.  A suspension, according to the SOS, means:

The business entity’s powers, rights and privileges were suspended or forfeited in California 1) by the Franchise Tax Board for failure to file a return and/or failure to pay taxes, penalties, or interest; and/or 2) by the Secretary of State for failure to file the required Statement of Information and, if applicable, the required Statement by Common Interest Development Association.

Hard to imagine how an entity with umpteen thousand million members could drop a little ball like this run-of-the-mill stuff.

But then again, maybe HumCPR is like its 5th Street storefront — lots of signs and slogans but the lights are off when you look inside.

Jackson to enter DA fray

The race for Humboldt County District Attorney is about to go richter.  Sources say former deputy DA Allison Jackson has thrown her hat in what is sure to be a fiery ring.

Jackson was a bitter rival of Gallegos when she supported Worth Dikeman’s fruitless campaign in 2006, even accusing Gallegos of covering up forged evidence.

Gallegos fired Jackson in 2004.

Followers of the county General Plan Update may remember that Jackson supports cracking down on unpermitted building.  As she told the Planning Commission in 2007:

I absolutely applaud Commissioners Gearhardt and Smith’s comments with respect to increasing the penalties for people building unpermitted because that is a problem that is not just on [Timber Production Zones] it’s on every single parcel in this county and really needs to be addressed.

The other candidate in the race so far, Kathleen Bryson, reportedly asked Jackson not to run.

Gallegos seeking endorsements

Supporters of a 3rd term for Humboldt County District Attorney Paul Gallegos can register their endorsement at votepaul.com.

The only official challenger so far, Kathleen Bryson, is keeping her campaign website well-hidden if she has one.

Arkley frontman to head Jerry Brown campaign

Jerry Brown, Steven Glazer, and Rob Arkley.

Democratic gubernatorial candidate Jerry Brown has chosen one-time Rob Arkley spokesperson Steven Glazer to be his campaign manager.

Glazer’s first — and last — splash here in Eureka happened when Republican big box developer Arkley allegedly shoved City Councilman Larry Glass over an upcoming vote on Arkley’s Home Depot mall.  Arkley never spoke publicly about the incident, leaving the fighting to Glazer who worked overtime to sling mud on Glass.  Regardless, the popular Councilman remains the “Best Public Official” in Humboldt County while Arkley’s reputation is forever stained.

The infamous shove* occurred at a gathering of the California Coastal Commission.  The DA punted a local investigation to the Attorney General to avoid the appearance of conflict of interest. That Attorney General was none other than Jerry Brown, who declined to bring charges against Arkley.

Brown himself suddenly looks conflicted on the matter.

Glazer has been linked politically to the Brown family since at least 1994 when he was a communications and policy adviser for Brown’s sister, Kathleen Brown, during her challenge of then-California Governor Pete Wilson.

It might seem strange that Glazer fronts for both a big-time donor to far-right Republican causes and a Democratic candidate for governor.  But that’s the way the Glaze rolls.

Glazer told local radio station KSLG in 2007 that he worked for Arkley on the controversial Home Depot mall — which Arkley intends to build on the Humboldt Bay waterfront — for 1 1/2 years before the shove.  At the time, Glazer was mayor of Orinda, CA, a nice little town that easily maintains its character without the homogenization created by big box stores.

[h/t Greg]

____________________

* Alleged.  Of course.

Trial delay for Baykeeper vs. CUE VI

US District Judge Jeffrey White ordered a new trial date in the lawsuit by Humboldt Baykeeper against Security National subsidiary CUE VI over clean-up of Eureka’s toxic Balloon Track.  Trial is now set for August 30, 2010 rather than the quickly-approaching March 22nd.

Judge White granted CUE VI’s motion to delay the trial based on the pregnancy of one of its lawyers, but dismissed arguments that the much-hollered-about Interim Remediation Plan, also known as “Phase 1″ of the Marina Center project, amounts to significant progress that would “moot” the lawsuit.

The motion was filed on Dec. 2, 2009 with CUE VI asking the court to “stay this matter until implementation of the remediation plan.”  So it’s no wonder that Team Arkley was working overtime to shove the plan through by running whiny ads targeting Coastal Commission chairwoman Bonnie Neely and sending the pom-pom squad on a high-profile but ill-fated trip to San Francisco.

In granting the delay the court issued a stern warning to CUE VI. “If the Court finds that Defendants have caused or contributed to delays in the administrative proceedings, permitting process or remedial work, the Court will consider advancing the trial date,” reads the January 8th Order.

The lawsuit was originally filed against Union Pacific Railroad Co. and the North Coast Railroad Authority but CUE VI entered the suit upon purchase of the former rail yard in 2006.

Arkley still owes Eureka for Marina Center EIR

It’s been 14 months since the the Draft Environmental Impact Report for the Home Depot-anchored “Marina Center” mall hit the public, but the wealthy project proponents have yet to pay the $160,000 tab owed to the cash-strapped City of Eureka.

City Manager Dave Tyson is quoted in today’s Times-Standard saying Security National is “trying to make monthly payments, and I have asked them to make minimum monthly payments of $25,000.”

Trying?

In March of 2009 Tyson told the City Council that SN owed the city $70,000.  Apparently that number understated the bill by more than half.

Nevertheless, Eureka Mayor and Supervisorial candidate Virginia Bass gushed over the talents and commitments of SN and owner Rob Arkley at the January 11 City Council meeting.

“When I look at Security National, I do see a company that does not shy away from a challenge,” she said.  “What I see from [SN spokesdude] Randy [Gans] is someone who is willing to step up to that charge.”

Perhaps Bass should “challenge” her heroes to pay up.

Downey campaign kick-off planned

Mike Downey

Undersheriff Mike Downey’s bid to become the next Humboldt County Sheriff will host a campaign fundraiser at the Wharfinger on January 29 from 5-8pm.

Downey will face DA investigator Mike Hislop at the polls.

Downey has the endorsement of outgoing Sheriff Gary Philp, who will retire after his current term expires.  Humboldt County Supervisor Jimmy Smith has also endorsed Downey.

From the press release:

The event is free to the public. This casual evening provides an opportunity for members of the community to come out, meet Mike Downey and hear about his vision for the Sheriff’s Office.

Mike Downey is the Undersheriff for Humboldt County. He is the second in command with executive administrative authority over six divisions of the Sheriff’s Office. Downey has worked in the Sheriff’s Department for 24 years, serving in nearly every division of the office and in every geographical area of the county.

For more information on Mike Downey and his campaign for Sheriff visit “Elect Mike Downey Humboldt County Sheriff” on Facebook.

[h/t Humboldt Online]