HomeMy WebLinkAboutMINUTES - 08131996 - D11 D. 11
THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY, CALIFORNIA
DATE: August 13 , 1996 MATTER OF RECORD
On this day Larry Lee Stambaugh, Contra Costa County resident,
commented on and presented written material on the issue of oaths
of office; and Sheila Trokey, AFRA, Antioch, commented on the
Social Services Department and the Foster Child Care Program.
THIS IS A MATTER FOR RECORD PURPOSES ONLY
NO BOARD ACTION TAKEN
RECEIVED
AUG 1 3'19966
NOTICE
AND COMPLAINT OF PUBLIC OFFICIAL(S)ABUSES AND IMPROP BOARD OP SUPERVISORS
CONTRA COSTA CO.
I. KNOWLEDGE OF THE LAW Title 42 USC§ 1986
2. VIOLATION OF RIGHTS Title 42 USC§§ 1985 and 1983
3. PERJURY OF OATH Title 18 USC§ 1621 and Cal Gov Code§ 1368
4. VACANCY OF OFFICE Cal Gov Code§ 1770
(including but not limited to Contra Costa DISTRICT ATTORNEY Office)
TO: County of Contra Costa: Board of Sucre—msors• Officials-, Judges and other Court Officers,
et al including:
FROM: Larry Lee: family of Stambaugh, and wife Sharon Elizabeth.
each living indefinitely,in Contra Costa county,California state
DATE: Eighth month and Thirteenth day,in the year of our Lord,
Nineteen Hundred Ninety Six(1996),A.D.
In the process of translating the enactments of our LEGISLATURE,YOU will notice that the CODE writers appear to have
made it quite clear as to the REQUIREMENTS concerning OATH or affirmation,which SHALL be set forth IN FULL and SHALL
SATISFY the provisions of the CONSTITUTION as indicated in part by California Elections CODE § 70 and 4 USCS § 101.
See attached Exhibit"A"and"B".
AS YOU KNOW OR AS YOU SHOULD KNOW: a public office becomes VACANT as indicated in part by California
Government Code§ 1770;and,"Perjury of Oath"by public officials is described in part by California Government Code§ 1368 and
Title 18 USC§ 1621.
Upon diligent and witnessed search of county records as indicated per attached Exhibit"C", BE DULY INFORMED that
Gary Thomas Yancey only has one oath as Public EMPLOYEE(not District Attorney) on file in the Contra.Costa county records.
thereby indicating that he, Gary Thomas Yancey, did not at any time file or record an oath of office as District Attorney.
Consequently, there is no DISTRICT ATTORNEY'S OATH on file and the OFFICE OF THE DISTRICT ATTORNEY IS
VACANT,supra,with respect to the years of about 1988 to date(1996).
Also. AS YOU KNOW OR AS YOU SHOULD KNOW: any VIOLATION OF RIGHTS by Public Officials is described in
part by Title 42 USC§§ 1985 and 1983;and,Public Officials are deemed to KNOW THE LAW(with NO JUDICIAL IMMUNITY)
as indicated in part by United States Supreme Court cases OWENS vs. CITY OF INDEPENDENCE Mo., 100 S.CT. 1398 and
MAINE vs.THIBITOUT, 100 S.CT.2502 and Title 42 USC§ 1986.
FOR YOUR INFORMATION and as a reminder, attached are copies, in part, of California Government Code §§ 100,
11120 and 54950 as related to the aforementioned presenters of this NOTICE and I,the undersigned,do reserve the right to make of
necessity ANY additions and/or corrections to this NOTICE as facts become available.
REMEMBER: YOU EXIST BECAUSE I EXIST,NOT VICE VERSA.! I DEMAND IMMEDIATE ACTION AND
REME4ONIMATTER.Larrysui juris,libera lex,Californian,an Date
n Christian American
cc: California State Association of Counties(CSAS)
California Assemblyman Robert Campbell
U.S. Congressman Bill Baker
FBI Special Agent in charge Jim R.Freeman
KSFO Radio,Geoff Metcalf
File
ELECTIONS CODE
70 Oath or affirmation set forth, in nomination papers
Notwithstanding any provision of law to the contrary, the be set
forth in full in nomination papers required for any primary or final election
the oath or affirmation set forth in Section 3 of Article XX oar C no stituion
and, such requirement shall satisfy the provisions of Section of Article XX (A
the Constitution with respect to any office or public trust. (Added by
Stats.1976, c. 1191, § 1.)
CALIFORNIA GOVERNMENT CODES
§ 102 6. Felony Violation of Provisions
Every person who exercises the duties of any office in violation
of the provisions of this article relative to oaths . . . is guilty of a
felony.
§ 1190. Appointments; appointive officer or body
All assistants, deputies, and other subordinate officers, whose appoint-
ments are not otherwise provided for, shall be appointed by the officer or body
to whom they are respectively subordinate.
§ 1191. Appointments; writing, filing
When not otherwise provided for, the appointment of deputies and or
subordinate officers shall be made in writing and filed in the office of the
appointing power or the office of its clerk.
§ 1192. Oath
When not otherwise provided for, within 10 days after receiving notice
of their appointment, deputies and other subordinate officers shall take and
file their oath in the manner required of their principals.
c--sing functions of office without oath or bond;- of-
fense; validation
Every person who exercises any function of a public office without
taking the oath of office, or without giving the required bond, is guilty of a
misdemeanor.
§ 1360. Necessity of taking constitutional oath
2
-
:7.
4 USCS.§ 101 FLAG, SEAL, Em''
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history, and annotation references 3
§ 101. Oath by members of legislatures and officers
Every member of a State legislature, and every executive and judicial officer ,'`
o a te, s , e ore a procee s to execute t o es o iso ce, t o
an oath in the following form, to wit: "I, A B, do solemnly swear that I will
support the Constitution o the United States."
(July 3d, 1947, ch 389, 61 Stat. 643
EARCH GUIDE
Am Jur:
72 Am Jur 2d, States, Territories, and Dependencies § 62.
Forms:
13 Am Jur Legal Forms 2d, Oath and Affirmation § 189:8.
15 Am Jur Legal Forms 2d, Public Officers §213:65.
Annotadons:
Validity of governmental requirement of oath of allegiance or loyalty. 19
L Ed 2d 1333.
Validity of governmental requirement of oath of allegiance or loyalty. 18
ALR2d 268.
Law Review Articles:
Loyalty oaths. 77 Yale LJ 739, March 1968.
INTERPRETIVE NOTES AND DECISIONS
1. Generally Kelley(1970,MD Pa)315 F Supp 777,alfd(1971)
2. Specific oaths 401 US 928,28 L Ed 2d 210,91 S Ct 927.
1. Generally Oath required of applicants for county central
Due process is not violated by loyalty oath committee stating that"I solemnly swear that I am
required of public officers and employees. Garner not engaged in one way or another in any attempt
v Beard of Public Works(1951)341 US 716,95 L to overthrow government by force or violence,and
Ed 1317,71 S Ct 909,reh den(1951)342 US 843, that I am not knowingly member of any organiza-
96 L Ed 637,72 S Ct 21. tion engaged in such attempt"is unconstitutionally
2. Specific oaths infirm due to lack of precision, vagueness, and
Portion of oath for political candidates affirming susceptibility of being applied to both lawful and
support in defense of present representative form unlawful activities alike, second portion of such
of government in resistance of effort or movement oath concerning knowing membership is unconsti-
from any source seeking to subvert government is tutionally infirm as lacking specific intent clause.
unconstitutional,in that it conditions right to seek Coe v Davidson (1974, Ist Dist) 43 Cal App 3d
elective office on willingness to foreswear political 170, 117 Cal Rptr 630.
beliefs, although oath is valid as to portion that Oath required of public officer that he is not
extracts promise to support or uphold constitu- subversive person or member of subversive organi-
tions of United States and state.Socialist Workers zation or of foreign subversive organization as
Party v Bill(1973,CAS Tex)485 172d 688. defined by Subversive Activities Act is too vague
tf- to meet due process required of Federal Constitu-
Stafice to file statement under oath thatute which requires candidate for public he anot tion, and is defective as assertion of arbitrary
power in that it makes mere membership in orga-
'.subversive person" is not violative of constitu- nizations described bar to employment or appoint-
tional provisions where"subversive person"is de- ment without requiring knowledge of their aims or
" fined as one who"knowingly"aids in commission intent to further their unlawful purposes.Opinion
of act intended to overthrow government by force of Justices(1967) 108 NH 62,228 A2d 165.
or violence,and one who is knowingly member in Oath required of candidates for public office that
subversive organization with "specific intent" to they will not advocate overthrow, destruction or
further unlawful aims of organization. Lisker v alteration of United States or state governments or
686
D�
r _
l
OATH OF ALLEGIANCE
of
PUBLIC EMPLOYEE
(Section 3100 to Section 3109, Government Code) JUU a offi9
S cue
BY—
/K
y.._.. .,.
/ RICHMOND M. M ACI�
ICtARV THOVA 'y`�BNCE-V , do solemnly
swear that I will support and defend the Constitution of the United States and the Constitution of
the State of California against oil enemies, foreign and domestic; that I will bear true faith and
allegiance to the Constitution of the United States and the Constitution of the State of California;
that 1 take this obligation freely, without any mental reservation or purpose of evasion; and that
will well and faithfully discharge the duties upon which I am about to enter.
Signed:,...,
State of California )
County of Contra Costa
Subscribed and war to `Y
before t is _= oy
ofA 19001 1 ,,
. T. PAASCH
Title: IK ,
} �
DEPUTY 00n UM
(This Qat may tau on without Cho before any officer authorized by State Low to administer ,
Oaths ) : y �$
Qfj
t 1.
MUST BE SIGNED IN DUPLICATE
Y.c � r 1.4491
§ 100 SOVEREIGNTY
4. Rights Over Property. §§ I80-186
4.5. Acquisition and Sale of Excess Land. §§ 190-196 (Repealcd]
5. Rights Over Persons. §§ 200-204
ARTICLE i
Residence of Sovereignty
I T,
§ 100. Sovereignty in people; Writs and processes
T71 _ (a) The sovereil?nty of the state resides in the people thereof, and all
�,` �—� writs and processes shall issue 1n their name.
V (b) The style of all process shall be "The People of the State of
California," and all prosecutions shall be conducted in their name and
by their authority.
Enacted 1943; Amended Stats Ist Ex Scss 1966 ch 161 § 8, operative November 8, 1966.
Prior Law:
(a) Former Pot C § 30.
(b) Former Const Art VI § 20, as adopted May 7, 1879.
Amendments:
1966 Amendment: Added subd (b),
Cross References:
Who arc the people §§240 et seq.
Political rights and duties: §§270 ct seq.
Political supremacy of the people: Const Art II § 1.
Collateral References:
Witkin Procedure 2d p 1403,
Cal Jur 3d Criminal Law § 1304, Process. Notices, and Subpoenas § 5. State of
California § 5.
16 Am Jur 2d Constitutional Law §§ 2, 8, 26-29, 36, 4I.
Law ReviewArucics:
State sovereignty and treaty-making power. I I CLR 242. z,� L
Federalism, centralization and the states. 19 St BJ 73. �'itJJJ
State sovereignty—fact or fiction? 22 St BJ 164. J
`TOTES OF DECISIONS
(Including decisions Cansr Art�,..�v.d�
( g une l'under rmcr o y 0)
1, Construction Generally government must be sovereign and, therefore,
2. Validity of Complaints must exist in 311 practical governments. Boggs v
i. Construction Grnrralty Merced Mining Co. (1859) 14 C 279, err dismd in
I Fait (US) 304, t$ L Ed 245.
Each state is supreme within :ts own sphere.as an Sovereignty is term used to express supreme poltti-
independent sovereignty. People v Coleman (1854) cal authority of independent suie or nation.
4 C 46. Moore v Smaw(1861) 17 C 199.
The incidents of sovereignty are those powers of Sovereignty is supreme power which governs 5Ay
which state cannot divest itself without m3icn311y politic or society that constitutes state: such N-cr
-nr3inne !ta c!ficient ae::ow ill —Wrra nccess3ry is independent of ranicular form of aovcrnrncnt.
f . . _T
f/ MEETINGS § 11121
�
w e
It is the public policy of this state that public agencies exist to aid in
the conduct of the people's business and the proceedings of public
agencies be conducted openly so that the public may remain in-
formed.
In enacting this article the Legislature finds and declares that it is the
intent of the law that actions of state agencies be taken openly and
that their deliberation be conducted openly.
The people this state do not yield their sovereignty to�the agencies
which serve them. The reople, in delega(ing 1Uthority, do not give
their public servants the right to decide what is good for the people to
know and what is not good for them to know. The people insist on
remaining informed so that they may retain control over the instru-
ments they have created. i
This article shall be known and may be cited as the Bagley-Keene
1
Amendments-
1.
1980.Amendment: Added the Iasi paragrnph.
1981 Amendment: Added the third paragraph. I
Cross References: i
Public policy that local agencies' proceedings be conducted openly: § 54950. t
Collateral References: i
Wilkin Procedure 2d p 1400.
Wilkin Summary (81h ed) p 3627.
+ Atmrnev GencraVi Opininris:
51 Ups Ally Gen 201 teffect of nrown Act on meeting of puhlic body Io discuss
labor negotiations).
Annotations:
Validity. construction, wid application of statutes making public proceedings open 1
to public. 18 ALRJd 1070.
NOTI',S OF DECISIONS
ISIONS ! j
i
1 he Legislature intended that all state and focal 454950 et seq.: the State Act. Gov. Code. 6 11120
agencies he included under the provisions of some et "q.), unless expressly excluded. Torres v ftoard
Open mgting act (the Drown Act. Goo'. Code, of Comrs. (1479) 89 CAM 545, 152 Cal Rplr 506.
r
§ 11121. "State body"
As used in this article "state body" means every state board, or
commission, or similar multimember body of the state which is
i required by law to conduct official meetings and every commission
r: created by executive order, but does not include:
485 h
i .
§ 54950 CITIES, COUNTIES, OTHER AGENCIES !
NOTES OF DECISIONS
The concept of "meeting" under the Brown Act mits itself collectively to a particular future deci-
(Gov.Code. §54950 et seq.)requiring all meetings sion concerning the public business, as well as
of the legislativy body of a loin agency to be open formal matings. Stockton Newspapers, Inc. v
and public (Gov. Code. §54953), comprehends Redevelopment Agency (1985, 3d Dist) 171 Cal 1
informal sessions at which a legislative body cots- App 3d 95, 214 Ca! Rptr 561.
t
§ 54950. Declaration of public policy
In enacting this chapter, the Legislature funds and declares that the
public commissions, boards and councils and the other public agencies
its this State excist to aid in the conduct of the people's business. It is
�^�-t� �� the intent of the law that their actions be taken openly and that their
C, t"t' deliberations be conducted openly.
The pr1P of-this Atte do not yield their sovereignty to the agenc�les_
,—�r which serve them. The..� };g, 1n delegating.aity, do not give
A iv ( S their public serves the riy-ht to ecide what is good for a people to
,now and what is not good for then-to know. The people insist on
rremai=g informed so that they may retain control over the instru-
ments they have created.
Added Stats 1953 ch 1588 § 1.
Gross References:
Meetings of the hospital and safety commission to be held in accordance with
provisions of this chapter: H & 5 C§ 1456.
Collateral References:
Witkin Summary(8th ed) pp 3624, 3627.
Cal Jur 3d Schools § 160.
Attorney Genersf's Opinions:
22 Ops Atty Gen 224 (authority of county board of supervisors to hold closed
hearings when reviewing problems presented by county welfare director with
reference to old age assistance, aid to needy children, or aid to needy blind
progr nut).
27 Ops Atty Gen 123 (legality of resolution of city council restricting attendance at
"council conferences" to citizens registered with city clerk).
32 Ops Atty Gen 240 (application of secret meeting law to special committees or 1
subcommittees of local agencies where such committccs consist of less than I
quorum).
36 Ops Atty Gen 175 (requirements of Brown Act with respect to city council
meeting with city attorney being open to public).
42 Ops Atty Gen 61 (application of Brown Act to meetings of city council with city
manager, city attorney and planning director).
43 Ops Atty Gen 36 (application of Secret Meeting Law to lunchcbn meetings held
for discussing items of importance to governmental entity).
NOTES OF DECISIONS
In view of public purpose of Brown Act. which is Brown Act is not directed st anything les than
directed toward conduct of public officials.Gov C formal meeting of city council or one of city's
§ I= and Pen C 1177 are applicable and give subordinate agencies. Adler v Culver City (1460)
mandatary complexion to said act. Adler v Culver 184 CA2d 763. 7 Cal Rptr 905.
City(1960) 184 CA2d 763..7 Cat Rptr 905. City council resolution prohibiting tape recorders
- Form`"
Request to Speak
( THREE (3) MINUTE LIMIT)
Complete this form and place It in the box near the speakers' rostrum
before addressing the Board
Name: R60
� t acs phone:
/address: � -
am speaking for myself— or orphizatiom
b�amc of oraantsatioN
CH X ON �. B` --l3--
wish to speak an Agenda Item #�L Oate-•
My comments will be: general .Lfor_.gairest_._._.•
1 wish to speak on the subject of -
.
1 do not wish to speak but leave these comments for the Board
to consider: