Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Jim Holgersson”

Special Rules For Special People, Cecil Russell and the Chateau Provence

By Emerson Drake  

This falls under the category ‘You Can’t Make This Stuff Up’

Do you think you have friends in high places?   Maybe you do and maybe you don’t, but  Cecil Russell certainly does.  On Friday December 2, 2016 a Modesto Irrigation District employee,  Ms. Queta, called the City of Modesto to inform them cameras had been placed on three street light poles outside Chateau Provence which just happens to be the gated community where Cecil Russell lives.  Ms. Queta said they had been illegally installed and the power was being stolen.

Just as interesting according to MPD Chief Carroll, these cameras can be viewed in real time by Modesto Police.  So without knowing for certain, we can presume Cecil Russell at least helped to make arrangements for cameras to be installed on city light poles using stolen city power. In one of the emails Chief Carroll said he was working with Cecil and the Association and in good faith he believed they (Cecil and the Association) had worked something out with MID.

And people at the City like Mark Murphy, Traffic Operations Engineer, believed they needed to be removed. When the questioning went further Jeff Barnes asked  if anyone took out an encroachment permit. Dan England responded that the city had NOT issued any permits for cameras on the poles. Jeff Barnes then jumped in and told Chief Carroll “We are not planning on touching them.  However MID might since the cameras ware using MID power without paying. MID would be well within their rights to stop the power theft.”

Chief Carroll came back with a lengthy response: “Just to clarify, I was working with the neighborhood association to have this done.  It would be my bad if there were not permits pulled.  I believed we could give approval for the cameras, and we did have a meeting about it 6-8 months ago.  The issue was MID power the association and Cecil Russell I believe had worked something out with MID.  I have contacted them and they will reach out to MID.  As a side note, those cameras are able to be viewed in the PD real time crime center and I believe we should figure out a protocol in conjunction with MID that would allow public / private partnerships if a neighborhood association is willing to purchase cameras.”

So apparently even if you live in far North Modesto where there are very few homeless and live behing high walls and an iron gate you are ‘special’ and the MPD will provide a real time video security watch on your neighborhood.  This watch will be for free and that includes the light poles to mount the cameras and the power to run them, at least if your name is Cecil Russell and you’re the head lobbyist for the Chamber of Commerce

 

City of Modesto Knowingly Violates State Labor Code

By Emerson Drake   modestoarch (1)

On September 23, 2014 a citizen of Modesto stood up during the public comment period of the Modesto City Council and asked if applicants for jobs with the city were going to be required to provide passwords or sign-on to their social media accounts. The concern is that there are questions prospective employers are not allowed to ask applicants such as their religion, ethnicity, sexual orientation, age, race,  sex, and disability status.  Some of this protected information is easily obtained when looking at someone’s social media accounts.

Modesto Police Chief Galen Carrol was asked to respond.  He replied that it was important to see what an applicant is posting and gave as examples, excessive drinking, nude photos of themselves and others, illegal drug use among others.  While we shared some of the Chief’s concerns, it is illegal to ask an applicant to sign into their social media accounts in the presence of a background investigator or hiring supervisor.

California Labor Code 980 section 3-a & b  Passed 9-27-12 effective 1-1-13

LABOR CODE, SECTION 980

980. (a)  As used in this chapter, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet web site profiles or locations.

(b)  An employer shall not require or request an employee or applicant for employment to do any of the following:

(1) Disclose a username or password for the purpose of accessing personal social media.

(2)  Access personal social media in the presence of the employer.

 

Oops….so the Chief is blatantly violating state labor code and he dmitted, no flaunted it, in front of his boss, Interim City Manager Jim Holgersson, and the City Attorney Adam Lindgren.  The City Attorney has been found wanting in several decisions he has made and actions he failed to stop….from violation of free speech rights (signs in the council chamber ato not allowing a second public comment after a proposal has been changed), and now he’s either clueless or complacent…we’ll let the reader decide.

On Monday the Council will interview Jim Holgersson for the permanent job of City Manager.  It’s our point of view that he isn’t up to the task due to failing to protect the rights of Modesto’s citizens from intrusive and illegal questioning by the city staff he currently oversees and the companies he’s outsourced the background checks to.

On April 16, 2013, a legislative review committee considered the potential need for a law enforcement exemption to Labor Code 980, but decided it would probably be unconstitutional and chose not to make such an exception.

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