Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Jenny Kenoyer”

The City Attorney, Adam Lindgren, Just Can’t Get It Right

By Emerson Drake  

When it comes to making important decisions that effect the public, City Attorney Adam Lindgren often falls more that just a bit short, personally it’s my opinion he fails miserably.

Back when the City Council was going through the Wood colony debacle Adam Lindgren interpreted case law to say  that signs could not be shown in the Council Chambers and anyone doing so could and would  be removed.  This was enforced throughout the meeting until a Modesto citizen, Gaetana Drake had the chance to speak.  She cited specific case law relating to Adam’s decision. After further review as they say, Adam changed his decision and signs, which had been ruled free speech by the courts,  were resentfully allowed to be displayed  accompanied by a cheer from the 200 plus attendees.  At another City Council meeting regarding Wood Colony the city had allowed people to speak and then significantly changed what they were going to be voting on.  At first they refused to allow people that had already spoken to address the change.  Then once again a Modesto citizen, Gaetana Drake, pointed out case law which specifically say they had to allow it to be addressed once they significantly changed the motion.  You would think this would be City Attorney 101.

Starting to see a pattern?  We’ve recently discussed the 14,000 emails the city wants to keep out of the public and they actually started making up new policy and law.  Here is part of a follow-up email from the City where they try to charge for processing the same emails they avoided using in Public Record Requests.

The City Clerk’s office also communicated with you and asked you to narrow the requests in a manner that describes identifiable records which may be located by City staff with reasonable efforts. You informed the City that you do not wish to narrow your requests. Without more focused requests, the City considers these requests to be overly burdensome and cannot process them any further, without further action on your part, for the reasons stated below. Should you wish to contact our office and narrow your requests, and/or submit a deposit as explained below, we will be more than happy to work with you to provide the information you seek.

The City has determined that where staff time and expense necessary to respond to such broad and voluminous requests is not reasonable, the public interest in not wasting taxpayer resources to process the request clearly outweighs any public interest to respond to such requests, particularly when no attempt by you has been made focus the requests.  (Gov. Code section 6255; American Civil Liberties Union Foundation v. Deukmejian 32 Cal.3d 440, at 452-453.)

In order to begin processing this request, the City requires a $250.00 deposit, as printing and data extraction time (10 cents per page) is necessary to ensure that privileged, private, or personnel-related exempt records are not released in violation of the law.  Upon remittance of the deposit, the first 2,500 pages will be reviewed and then all non-exempt public records from those pages will be available for your inspection.  Additional deposits would be required to continue processing this request.

So in effect the City Attorney Adam Lindgren want $1,400 to process the 14,000 emails he should have been including all along in Public Record Requests. $1,400 in data extraction time?  And if the money isn’t paid in advance they processing of emails would stop!

It’s not only illegal  it’s unethical and more importantly it isn’t what the law says.    When we started this Public Record Request(PPR) for the private emails the Council has been using we were told the total email numbers were probably few and the topics inconsequential.  If, when they say a few, they mean 14,000 you have to wonder what inconsequential means.

But there’s more:  The 14,000 emails are only those on the City’s servers. Any emails sent from private email accounts to private email accounts are NOT included in the 14,000, and the city refuses to supply the email addresses saying the Council members will be given guidelines to follow and they will be going through their own emails to see what is relevant and what isn’t.

So the Mayor and Council that claim to be completely transparent and yet are using private email accounts, to conduct city business, are now going to police themselves?

Most reasonable people if asked would say that’s inconceivable. And to borrow a line from the Princess Bride, I don’t think that word means what you think it means,  especially when it comes to Modesto politics.

Public Record Request Uncovers 14,000 Emails Hidden From the Public

By Emerson Drake 

Many times Public Record Requests are the only way to find out what is going on behind the scenes especially when your topic is Modesto politicians and you’re discussing City business.  They aren’t a tell all, yet sometimes a glimpse of light slips through.  Recently we discovered that Cecil Russell and his Chateau Provence Home Owners Association, with the help of Rank Security, had illegally mounted cameras on city light poles and were stealing electricity from MID.

Now using the same method we’ve uncovered 6 private email accounts that the Mayor and members of the City Council are using to conduct city business. At first we were told that it was probably just a few emails and they were mostly about meetings.  But they didn’t realize  we already had in our possession emails to and from Modesto Mayor Ted Brandvold and land use attorney George Petrulakis.

So we did a Public Record Request on the six emails. The scope was from the time each had taken office until present. Never did I expect the response I received via email.

 

Hi Emerson,

Regarding your Public Record Request of March 8, 2017 for all emails since taking office, including attachments to and from: 3 from Ted Brandvold, 2 from Bill Zoslocki and 1 from Tony Madrigal.  (the actual email addresses have been redacted)

Our IT Department is working on this to pull all the emails, however they have gotten over 14,000 hits on this request. 

Is there any way we can narrow this request?  Are you looking for something specific that we can narrow with some keywords?  Perhaps we can narrow the time frame?

If you can let me know as soon as possible, I can let IT know how to proceed with your request.

Sincerely,

Dana Sanchez

Administrative Office Assistant III (Confidential)
City Clerk’s Office

Since then we’ve learned of even more email addresses being used.

Modesto seems to be admitting every single Public Record Request made by us  and others in the last several years is incomplete. And now we’re told the city will NOT be going back and supplementing the requests.  They are telling the very people that withheld the information by using private accounts to ‘police’ themselves.  Only one member of the Council, Kristi Ah You,  has stepped up to the plate and placed her emails up for review.

No guidance has been given other that the term ‘city business’. And as City Attorney’s staff has pointed out there is currently NO policy or requirement that Mayor, Council members or city staff use ONLY their government email accounts for city business.  And who had his hand in (wrote the majority) from the beginning when the Modesto City Charter was written? Why George Petrulakis of course.  If you want the rules to favor you, you write the rules.

We always need to keep in mind that the title of City Attorney is misleading.  His title should be Mayor and Council’s attorney because in my opinion he works against the public’s best interest.  He liberally uses Brown Acts exemption clauses and with his silence on other aspects advises them on how to avoid the Brown Act and the best way to mitigate the damage if they are caught.  He should be firmly suggesting to them they need to use ONLY City email accounts and City cell phones.

What or should I say how much are they trying to hide?

Maybe it’s time to go after their text messages too.

Informative article printed in the Bee today from the Orange County Register

Mayor Marsh’s O.K.Corral at Hart Ransom in Wood Colony

By Emerson Drakeokcorral

It was just after high noon when Mayor Marsh tried to face down the crowd at Hart Ransom Elementary School in Wood Colony.  The Mayor started out on the wrong foot when he reminded the audience he once had a teaching credential and he was here to educate them in Modesto politics and how to count to four.   Unfortunately for Marsh he’s allowed his educational skills and debating skills to get rusty.  The Mayor has gotten used to a semi-controlled environment of the council chambers where he can threaten dissenters with expulsion if they disagree or interrupt him with the truth.  He has also forgotten that truth is his best weapon because he left it at home on Saturday.  And to top it all off, many of the audience members are much better informed than he and most are more knowledgeable than Council members John Gunderson and Jenny Kenoyer, who were also present but silent.  The two council members riding shotgun that day must have decided to keep silent and let people wonder instead of talking and removing all doubt as to their lack of understanding the basics of the issues.

Early on he was forced to say “I’ll take that back” three times in ninety seconds as a member of the audience (they all appeared to be residents of Wood Colony) would correct statements he made and these were just a few of many mis-statements he made and was corrected on. The ever polite and politically neutral  Marjorie Blom,  LAFCO’s (Local Agency Formation Commission) Executive Officer,  would speak later displaying her knowledge and understanding by explaining the process correctly  without pointing out the mistakes Marsh made.

And yes Mayor Marsh did blame Wood Colony residents for not coming out to Modesto’s meetings starting a year and a half ago.  Their absence wasn’t  surprising since Marsh had mentioned annexing  Salida in his Inaugural/State of the City Address but had failed to mention Wood Colony.  But politicians like to play the blame game and yes he had to take that back too.  The Mayor brought former councilman Denny Jackman into the conversation several times for support, especially for RUL (Residential Urban Limits).  For those followers of politics, the Mayor was careful when he chose to get Denny’s endorsements and Denny was just as careful as to what he agreed with.  But to the uninitiated it appeared to come off smoothly.

We’ve come to believe the compromise Denny struck trying to get a version the Council and Chamber could support, is too watered down to be effective.  To enlist the Chamber’s support they had to offer up the public’s last vestiges of control and that is Measure’s A and M, and allow them to be put on the ballot for repeal.  When that was discussed you could actually see Cogdill and Zoslocki become excited.

The Mayor wasn’t completely disingenuous, he stated although he is a farmland preservationist he isn’t one 100 percent of the time, not even ninety percent according to his own words.

The Mayor had kind words for Councilman Zoslocki calling him a likable and deeply religious man like himself.  Just that they disagreed on farmland preservation.  I admit at this point I did start laughing out loud for a moment.  Here’s the thing, most everyone agrees Marsh is an intelligent man, he just isn’t always politically savvy.   By the way, Mayor Marsh put the voting suggestions forward and by his unwillingness to lose a vote to keep Wood Colony out of Modesto’s General Plan, he allowed Zoslocki, Cogdill and Lopez to vote to keep it out while his block voted to keep Wood Colony in.  It is an upside down world when this happens, since Zoslocki had been traveling from one Planning Commission Workshop to another with the Chamber of Commerce all last year in an attempt to take Modesto’s General Plan all the way to the river for the western boundary.  Zoslocki, Cogdill and Lopez are the most Chamber/builder friendly people on the council with Madrigal coming right after them.

The Mayor addressed the recall talk towards Gunderson and Kenoyer by saying if they were recalled, Modesto/Wood Colony/Salida would only get someone worse.  In all fairness we’re not sure that’s possible considering the way they voted on Jan.28th.  The recall discussion regarding Jenny has been loud but the conversation regarding Gunderson had only begun to be strident when he started cutting himself off from his constituents who disagreed with his voting positions.  It was a childish move and left many shaking their heads in disillusioned astonishment, which is an action many of his council mates have done since he was elected.

It truly seems to me the problem originated with the Modesto Chamber of Commerce and I discussed this and pointed it out during the public comment period with the Stanislaus County Board of Supervisors several times at January meetings.  The Chamber was allowed to frame the argument as jobs vs prime farmland but that just isn’t the case.  When I had my conversation with Jenny Kenoyer on Jan. 7th about saving Wood Colony, she responded by saying “give me an alternative.” So I immediately pointed out the North County Corridor and the County’s prediction that it would be completed many years before 132 goes all the way to Interstate 5 in an expanded form and that the soils east of Modesto were far poorer, unofficially referred to as  PPP (piss poor pasture) by farmers and that was where we should be building business parks and homes.  But Jenny had, to use the vernacular, drank the Chambers get rich quick kool-aid and ignored the suggestion and only wanted to consider Wood Colony.  And yes that was when she uttered the now famous words, “I have to worry about the 200,000 people living in Modesto and besides those people in Wood Colony can’t vote for me.”  She repeated those words three different times so I’m sure I wasn’t the first or the last person she had said them to.

It was great to see that the citizens of Wood Colony had thoroughly educated themselves about the issue and were defending themselves quite adequately.  They weren’t buying the half truths Marsh was selling and told him point blank he needed to bring the issue back to the council and take Wood Colony completely OUT of Modesto’s General Plan.

I fully admit I voted for Marsh and Gunderson believing then and now they were the lesser of two evils.  I guess it goes to show we need a better class of politicians in Modesto.

We hope to have the audio from the meeting up soon.

Vindictiveness Doesn’t Look Good on a City Councilwoman

By Emerson Drake jkenoyer

Ms, Kenoyer had stated during her campaign she would NOT support any attempt to annex Salida.  She repeated it several times on Jan 7th.  Over the weekend she received a flyer JennyKenoyer_flyer which upset her. Apparently she was offended at being reminded of the promises she broke and of course having flyers being passed out didn’t help.

Now Ms. Kenoyer is running around telling people she’s going to teach Salida a lesson.  Watch closely and you’ll see our ‘Jenny’ vote against the very people she promised to support.

Jenny’s promises and her word seem to be worthless.   And for someone like myself who has been a constant supporter of hers for many years this is heartbreaking.

We’ve only just begun. It’s time to hold politicians accountable to the people.  The copy machines are warmed up and the people are motivated.

JENNY KENOYER BREAKS HER CAMPAIGN PROMISE!

Dear Modesto Neighborsmodestoarch

Less than 2 months into office (and at her first city council meeting), your new Modesto City council member JENNY KENOYER 

is planning to break her campaign promise to preserve prime farmland!

During her campaign when asked how important farmland preservation is to Stanislaus County, Jenny Kenoyer replied, “Farmland preservation is probably one of the most important things that is so important to us.  Agriculture is the base of our economy” and “I’m really concerned our council that is there now is not really concerned with preservation of ag land”.

Yet at the January 7, 2014 Modesto City Council meeting, Jenny Kenoyer indicated that she supports annexing the prime farmland west of 99 known as Wood Colony for development.  She was quoted as saying,” I DON’T CARE WHAT THE PEOPLE OF WOOD COLONY THINK, THEY DON’T VOTE FOR ME.”

Your neighbors in Wood Colony need your help to protect their homes, their farms, and their families’ farm heritage!

Please e-mail or call your councilmember, Jenny Kenoyer and request she stick to her campaign pledge to preserve farmland and NOT VOTE TO PAVE OVER FAMILY FARMS IN WEST MODESTO!

E-mail: JKenoyer@modestogov.com and/or call (209) 571-5597.

CONTACT AS SOON AS POSSIBLE! – URGENCY NEEDED!  THE VOTE IS TUESDAY!

Or attend the Modesto City Council meeting on Tuesday, January 28, 2014 at 5:30 pm at 1010 10th Street Place – Basement chambers.

*To locate the YouTube video, just google “Jenny Kenoyer Interview” and the date is August 16, 2013.

We’ve just added the pdf of the flyer being distributed in Modesto.

JennyKenoyer_flyer

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