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HomeMy WebLinkAboutMINUTES - 09101996 - D10 D.10 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Date: September 10, 1996 Matter of Record SUBJECT: Public Comment On this date, the following people spoke during public comment: Larry Lee Stambaugh, Contra Costa Resident, commented on the issue of oaths of office; Gregory Nichols, c/o 1055 Sunnyvale-Saratoga, Sunnyvale, commented on issues regarding County Counsel; Noelle Jansen, 929 Oak Grove Rd., Concord, commented on the Child Abuse Task Force and the issue of oaths of office; Chairman Smith read a letter from Peter Radetic, 890 Golf Club Road, Pleasant Hill, concerning leaf blower noise. THIS IS A MATTER FOR RECORD PURPOSES ONLY NO BOARD ACTION WAS TAKEN U 'VGi V LV SEP 1 p o 96 CLERK BOARD OF S CONTRA CO 111%/p y lg? 0dj �a7l zomx 1�'10 Co UZS,L; ,4,11 AIE ���'�s�s � e,5 c4 ooallo /7////IA 07' 70 NoIS� �%sem o,�D/•���'c� •�� ���� �ifi� .�N c,� � d �- n!�!}iUC Ca��vr� � T� ® lam � t 576) 933- 7z `/z SEP I O M C✓, r c;t:.,RomD GF SSJ RECEIVE® SEP 1 0 1996 BOARD OF CoSUPERVISORS r v /� c L O !11� eo. -e�2• Qj,f� �^-� k•11,G_e - 1 �_ lg-rx• wee=��/=,1�_���� � - Z� AP - _ cto— 1 -f�►n b Qf �r's. _'�r.►�o� �,�►:� . 'i-�ne�"-� b��� - u�Q — --�1 --.�••�:`r,�_-'�-A+�l�5-Stce�-�_✓_c�`s_K®�_e_K��"lc.e-��el��Q..-.---�w-��?,--- --le - S-GraL15,h --✓-a�.ct3�,Ll-- 04.-L_e lL\ t �_ r Zc _s.�.n�y►1-e_�r.�'�9 s�;�h2�-��--"=7)-���e�---���-b-oar-�e--- — v l/ - I L I REMINDER & DEMAND RECEIVE® FOR HEARING OF ISSUES ON SEPTEMBER 10, 1996 AND SEP I O 1996 NOTICE OF FELONY CLERK BOARD OF SUPERVISOR. 1. REQUEST TO SPEAK FORM of 8-13-96,copy attached CONTRA COSTA CO. 2. PROOF OF SERVICE BY MAIL-------------- ------cc"of 8-16-96,copy attached 3. CALIF. GOV. CODE(GC) § 1026 -------------------------(felony)refer to Exhibit"A"of 8-13-96 4. MISPRISION OF FELONY---------------------------Title 18 USC§4,copy Exhibit"E"attached 5. "FALSE WRITING"(and/or cover-up)--------------- ---Title 18 USC § 1001,copy Exhibit"F"attached TO: County of Contra Costa: Board of Supervisors; Officials-, Judges and other Court Officers, et aI, including: FROM: Larry Lee: family of Stambaugh, and wife Sharon Elizabeth, each living indefinitely, in Contra Costa county, California state. (message phone 510-689-0238) DATE: Ninth month and Sixth day, in the year of our Lord, Nineteen Hundred Ninety Six(1996), AD. This paper is sent as a courtesy reminder in re the necessity and my demand for hearing (to be calendared) on September 10, 1996,concerning the obvious lack of oath of office in re District Attorney and Gary Thomas Yancey. It is also necessary and demanded to time schedule this matter for 2:00 p.m., first and/or prior to "Public Comment"agenda items of September 10th, 1996. You are hereby reminded and/or given "Notice of Felony" violations in re Gary Thomas Yancey for my "Notice and Complaint"of August 13th, 1996. Refer to Exhibit"A"of 8-13-96 in.re CALIFORNIA GOVERNMENT CODES: § 1026. 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.- AS YOU KNOW OR AS YOU SHOULD KNOW, any Misprision of Felony(public officials included) is described in part by Title 18 USC§ 4;and,any COVER UP A MATERIAL FACT is described in part by Title 18 USCS § 1001. FOR YOUR INFORMATION and as a reminder,provided and attached are copies of the above listed items#1 and #2 concerning this matter. REMEMBER: YOU EXIST BECAUSE I EXIST, NOT VICE VERSA .! I DO AND WILL EXPECT YOUR FULL AND COMPLETE COOPERATION IN OBTAINING IMMEDIATE AND TRAELY RESOLVE AND REMEDY AND COMPEN TION CONCERNING THIS MATTER! CLarry :,5 sui juris,libera lex, Californian,and Date / Na ' e-born 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 � �jf 1 C � V ✓ � Y � oa,r aF �k�Gr ✓� ��r� �°L G-s x�ra� G oco .Y Request to Speak Formeft 7weija THREE MINUTE UM A u §t )3 q� Complete #his form and place it in the box near the Wukess' mtrum before addressing the Board. �5� Name: Lo�,r r- % Zee .:_ N� tl a e essK On 4�•de lteKs� °�e► .,. 1 am ipealdng for myself or - _ 6v�e of orsw bl oN. GRO( ONS 1 wish to on Agenda Rom My comments will be: aer .wW _dor__ I wish to speak on the subject Q : off- may ' de�.�wd ►t �SsKcb�pK'�`on.-� te�lj�y„d l.4lexiat. r-or-Se)rt t do not wish to speak but leave the Board to cc don Pr�ye�.�r�NYJ �vve k I;r)('' A� ,� Proof of Service by Mail I (�a i-t2 o�7lin E,crh e/ declare under the,`laws of the Almighty GOD and HIS common law perjury penalty: A. That I am a Sovereign of California Republic, de jure Californian, indefinitely living therein, over the age of 18 who is not a party to this Action; B. That I have personally served by mail COURTESY COPIES of the following document/package/items: Notice AND COMPLAINT OF PUBLIC OFFICIAL(S) ABUSES AND IMPROPRIETIES TO: County of Contra Costa: Board of Supervisors; Officials; Judges and other Court Officers et al including: ( ) of/by Larry Lee;family of Stambaugh, and wife Sharon Elizabeth each a native-born. Christian American, libera lex, datedu��.t A )3 tic 1996 to/at: U.S.Congassman BW Bakes �<A Atte Ann Jordan g J. Carleton �( 1801 No. California Blvd, Snits 103 Walnut Crook. califarnia 94396 4•l�J California States Assom of Counties Rmkc lifaraiGold Canal Dr. 0300 arnt KaneQ bo Cardura. Caa California Assemblyam Robert Campbell 815 Fstudillo St. Martinez. Cal.ffonua 94353 Special Agent in Charge Jim R. Freeman • Federal Boreal of Investigation 430 Golden Gate Ave .� U San Frandsen. Glifornia 94102 Geoff Metcalf CAO KSFO Radio 900 Front Strut San Francisco. California 94111 C And, that, on this the- f 7kA day of g _, 1996, the above mentioned document/package/item was served by First Class. Mail, prepaid to the above mentioned address from- 7) A 4,o California. (Signature of Server) Qn?i �P/ Misprision of felony D oever, having knowledge of-the actual commission of a felony cogniza- ble by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined not more than 5500 or imprisoned not more than three years, or both. (June 25, 1948, ch 645, § 1, 62 Stat. 684.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Prior law and revision: This section is based on Act Mar. 4, 1909, ch 321, § 146, 35 Stat. 1114 (former 18 U.S.C. § 251). Changes in phraseology only. CROSS REFERENCES Concealing or harboring persons engaged in espionage, 18 USCS § 792. Concealing persons from arrest, 18 USCS § 1071. Harboring fugitives from justice, 18 USCS §§ 1071 et seq. Concealing escaped prisoners, 18 USCS § 1072. Misprision of treason, 18 USCS § 2382. RESEARCH GUIDE Am Jur. 3 Am Jur 2d, Aliens and Citizens § 79. 21 Am Jur 2d, Criminal Law § 7. INTERPRETIVE NOTES AND DECISIONS 1. Generally tions put to him. Branzburg v Hayes (1972) 408 2. Relationship with military law US 665, 33 L Ed 2d 626, 92 S Ct 2646. 3. Elements of offense, generally Duty to disclose knowledge of crime can 4. —Knowledge of commission of felony neither justify nor excuse publication of false and 5. —Concealment; intent to conceal malicious libel. Ormsby v United States (1921, 6. —Failure to "make known" CA6 Ohio) 273 F 977. 7. Offenses concealed Contracts to suppress evidence, stifle prosecu- 8. Indictment or information tion, or conceal crime are void. Fidelity & De- 9. Venue posit Co. v Grand Nat. Bank (1934, CA8 Mo) 10. Burden of proof 69 F2d I77. 11. Evidence Misprision is nothing more than word used to 12. Self-incrimination describe misdemeanor which does not possess 13. Instructions specific name; misprision of felony is conceal- 14. Dismissal meet of felony without giving any degree of maintenance to felon. United States v Peristein 1. Generally (1942, CA3 Nn 126 F2d 789, cert den 316 US It is apparent from 18 USCS §4 that conceal- 678, 86 L Ed 1752, 62 S Ct 1106. ment of crime and agreements to do so are not "Misprision", requiring concealment of com- looked upon with favor, such conduct deserves mission of a felony but not an intent to benefit no encomium, and is not afforded First Amend- the principal offender, states an offense separate ment protection by denigrating duty of citizen, from Title 18 § 3, Accessory After the Fact. whether reporter or informer, to respond to United States v Daddario (1970, CA7 111) 432 grand jury subpoena and answer relevant qua- F2d 1119, cert dismd 401 US 967, 28 L Ed 2d 70 - -3._..,. J Y -77.a ✓. -. t1.res+a,i�RG `r .6`« iiia. ATT—Cii I A C MUSCS § 1001 CRIMES FRAUD AND FAJ item 1012, substituted "Department of Housing and Urban Develop- False claims for - ment" for "Public Housing Administration". t False claims for - Conspiracy to de 1974. Act Sept. 2, 1974, P. L. 93-406, Title I, Subtitle B, Part I, Contracts, deeds § 111(a)(2)(B)(iii), 88 Stat. 851 (effective Jan. 1, 1975), in item 1027, i False statements substituted "Employee Retirement Income Security Act of 1974" for ! Falsification of 1 "Welfare and Pension Disclosure Act". t Applicability to CROSS REFERENCES False entry or c Warning in Pat Fraud and false statements in alien registration, 8 USCS § I306. statements and False or fraudulent statements prohibited in China trade, 15 USCS § 158. Applicability t False entries in carriers' reports to Interstate Commerce Commiccion, 49 §276. USCS §20. Applicability This chapter is referred to in 15 USCS §§780, 80b-3. ships or fellow This section i. § 581; 22 USC 42 USCS §§ 1 § 1001. Statements or entries generally Whoever, in any matter within the jurisdiction of any department or Am Jur: agency of the United States knowingly and willfully falsifies, conceals or 6 Am Jur covers up by any trick, scheme, or device a material fact, or makes any 32 Am Ju- false, fictitious or fraudulent statements or representations, or makes or 32 Am Ju uses any false writing or document knowing the same to contain any false, 35 Am Ju fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. 3 Am Jr (June.25, 1948, ch 645, § 1, 62 Stat. 749.) 533 Am J� 54Am - HISTORY; ANCMLARY LAWS AMD DIRECTIVES practices Prior law and revision: 70 Am J- This section is based on Act Mar. 4, 1909, ch 321, §35, 35 Stat. 1095; Ain Jur -Oct. 23, 1918, ch 194, 40 Stat. 1015; June 18, 1934, ch 587, 48 Stat. Defen& 996; Apr. 4, 1938, ch 69, 52 Stat. 197(former 18 U.S.C, § 80). Represe. Former 18 U.S.C. § 80 was divided into two parts. Am Jur The provision relating to false claims was incorporated in 18 USCS 1 Confide §287. Reference to persons causing or procuring was omitted as 1 unnecessary in view of the definition of"principal" in 18 USCS §2. Forms: The words "or any corporation in which the United States of America Indictn is a stockholder" in were omitted as unnecessary in view of the USCS definition of"agency" in 18 USCS § 6. Fedt. In addition to minor changes of phraseology, the maximum term of § 3:511 imprisonment was changed from 10 to 5 years to be consistent with 14 An comparable sections. (See note under 18 USC-T287.) 20 An CROSS REFERENCES Anno- Department and agency defined, 18 USCS §6. ! Indet Applicability to Canal Zone, 18 USCS § 14. L Ed Conspiracy to defraud government in regard to false claims, 18 USCS §286. Whai Fraudulent claims, 18 USCS §287. §§21 670111]FJ ° U LI .r, i:'t. a:iT ;:?f!:.3 �G: +•__ -, -i.Y�-Yt. .�-r•'e.T:r:-•.''._::S �`yi�'i,4*+�`c33 iv ,..ti J<„f—_:i«:, -._•1.,-•., - -.3_ K. .. ! _ 4"" Proof of Service by Mail I YI OY , declare under the laws of the Almighty GOD and HIS common law perjury penalty; A. That I am a Sovereign of California Republic, de jure Californian, indefinitely living therein, over the age of 18 who is not a party to this action. B. That I have personally served by mail the following document/package/items: REMINDER&DEMAND FOR HEARING OF ISSUES ON SEPTEMBER 10, 1996 AND NOTICE OF FELONY TO: County of Contra Costa; Board of" Supervisors; officials; Judges and other Court officers et. al including ( ) of/by Larry Lee: family of Stambaugh, and wife Sharon Elizabeth each a native-born Christian American, libera lex. dated: �f'em her 6 , 1996 to/at: Gayle Bishop, Supervisor 18 Crow Canyon Court, Suite 120 San Ramon, Ca 94583 Mark DeSaulnier, Supervisor d,' Lane, Suite 110 Con Concorrd, Ca 94520 Jim Rogers, Supervisor 100 37th Street, Room 270 Richmond, CA 94805 Jeff Smith, Supervisor 651 Pine Street, Room 108-A Martinez, CA 94553 Thomas Torlakson, Supervisor 300 East Leland Road, Suite 100 Pittsburg, CA 94565 C And, that on this the � day of 1996, the above mentioned document/package/item was served by First Class Mail prepaid to the above mentioned addresses from _ 11.E California. Signature of Server) Proof of Service by Mail declare under the laws of the Almighty GOD and HIS common law perjury penalty: A. That I am a Sovereign of California Republic, de jure Californian, indefinitely living therein, over the age of 18 who is not a party to this action. B. That I have personally served by mail COURTESY COPIES of the following document/package/items: REMINDER &DEMAND FOR HEARING OF ISSUES ON SEPTEMBER 10, 1996 AND NOTICE OF FELONY TO County of Contra Costa; Board of Supervisors; officials; Judges and other Court officers et. al including ( ) of/by Larry Lee: family of Stambaugh, and wife Sharon Elizabeth each a native-born Christian American, libera lex. dated: Septe»,I�&r (o , 1996 to/at: U.S.Congroaxman Bill Bata Atm: Am Jordan & J. Carleton 1801 No. California Blvd- Snits 103 Walnut Creek. California 943% ` California States Assoc of Counties 3017 Gold Canal Dr. 4300 Rancbo Cordova. California I California Assemblyman Robert Campbell 815 Fsmdillo St. x/11 Martinez. California 94553 Special Agent In Charge Jim R. Freeman �— Federal Bureau of Investigation 430 Golden Gate Ave San Francisco, California 94102 Geoff Metcalf GO KSFO Radio 900 Front Street San Francisco, California 94111 C And, that on this the rit- day of e em b r 1996, the above mentioned document/package/item was served by First Class Mail, prepaid to the above mentioned addresses from D l 1;Y California. (Signature of Server) HP OfficeJet LX Fax Log Report Personal Printer/Fax/Copiers C e / CJS J e f'3' d Y�►�� Sep-06-96 08:07 AM Last Fax Identification Rcsult Pages Tyke Date Time Duration Dia ostic 6461396 OK 06 Sent Sep-06 08:02A 00:03:09 002782020022 zao HP OfficeJet LX Fax Log Report Personal Printer/Fax/Copier rD; (ray/,= OIA&IO Sep 96 08:12 AM Identification Rcaault Elm Im 2= Time Duration Diarnostic 8206627 OK 06 Sent Sep-06 08:08A 00:03:48 002180430020 ).40 HP dMceJet LX Fax Log Report Personal Printer/Fax/Copier -0 /-i C(,►^I{ e 5 ct t,L yt"e yr Sep-06-96 08:16 AM Identification Result b= I= 2= LW Duration Ria—ostic 6465767 OK 06 Sent Sep-06 08:13A 00:02:28 002482030022 v.ao HP OfficeJet LX Fax Log Report Personal Printer/Fax/Copier I h9>z2ci 5 J©r]c��SO� Sep4)6-96 08:19 AM Identification gcagll EUO Tim 2= Tim Duration Diagnostic 4278142 OK 06 Sent Sep-06 08:17A 00:02:28 002582030022 ].40 HP OfficeJet LX Fax Log Report Personal Printer/Fax/Copier 2Y'S Sep-06-96 08:27 AM Identification Result Pares Tvoc to Time Duration Diagnostic 3743429 OK 06 Sent Sep 06 08:24A 00:03:08 002581030022 ` . AVO' E5= ve-J At a � -� q, F174, a, i'A;s r.oyov 5er4ej)i BEFORE THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA I RECEIVEF) -� The People of the State of I SAN I 0 19'j0 California on the Relation of POINTS AND f Gregory D. Nichols, ex rel., AUTHORITIES CLERK BOARD OF SUPERVISORS i rY I CONTRA COSTA CO. Claude Baum, ex rel., I IN SUPPORT OF and Larry Lee; Stambaugh, ex rel., I APPLICATION Plaintiffs, FOR LEAVE TO SUE VS. I I IN QUO WARR.ANTO GARY YANCY, Defendant. [11 Cal. Code Reg 2(b)] A SUIT IN QUO WARRANTOI IS PROPER TO REMEDY THE USURPATION OF A PUBLIC OFFICE. A. Quo Warra to Proper Against Usurper of Public Office. An action in quo warranto may be brought by the Attorney General, in the name of the people of the State of California, upon the complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military (Code Civ. Proc. S 803). B. Public Office Defined. AI public office is created b a legislature prescribing the duties of a position or IP IM Y g employment and fixing the compensation therefor, where those duties pertain to the public and are continuing and permanent, not occasional or temporary (People ex rel. Chapman v. Rapsey (1940) 16 Cal. 2d 636, 639, 107 P.2d 388). C. Enumeration of Officers. The officers of a county are: ... (a) A district attorney ... (Government Code S 24000). D. Filing of certified oath. Unless otherwise provided, every oath of office certified by the officer before whom it was taken shall be filed within the time required as follows: (b) The oath of all officers elected or appointed for any county, and all officers whose duties are local, or whose residence in any particular county is prescribed by law, in the office of the county clerk of their respective counties. (Government Code S 1363). E. Events causing vacancy in office. An office becomes vacant on the happening of any of the following events before the expiration of the term: (i) His or her refusal or neglect to file his or her required oath or bond within the time prescribed. (Government Code S 1770). F. 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. (Government Code S 1026). G. Oath of affirmation set forth in declaration of candidacy. Notwithstanding any provision of law to the contrary, there shall be set forth in full in the declaration of candidacy required for any primary election the oath or affirmation set forth in Section 3 of Article XX of the Constitution and, such requirement shall satisfy the provisions of Section 3 of Article XX of the Constitution with respect to any office or public trust. (Elections Code S 70). H. Bonds of specified officers; Approval by presiding judge of superior court. The bonds of... district attorneys, ... shall be approved by the presiding judge of the superior court before the bonds can be recorded and filed. (Government Code S 1458). I. Bonds of county and judicial district officers; Approval, recordation and filing. Unless otherwise provided, the official bond of officers of a county and judicial district shall be approved by the presiding judge of the superior court, recorded in the office of the county recorder, and then filed in the county clerk's office. (Government Code S 1457). Respectfully submitted, Gre ry chols, ex rel., Reator �/, 1171"" Claude Baum, ex rel., Relator �tambaugh, ex rel., Rela r wit, ............. Witness Witness a i BEFORE THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA The People of the State of California on the Relation of { I Gregory D. Nichols, ex rel., Claude Baum, ex rel., and Larry Lee; Stambaugh, ex rel., I NOTICE OF APPLICATION FOR Plaintiffs, I LEAVE TO SUE [11 Cal. Code Reg S 2(c)] vs. { GARY YANCY, Defendant. To GARY YANCY, proposed defendant: NOTICE IS HEREBY GIVEN that Gregory D.Nichols, Claude Baum and Larry Lee; Stambaugh, the proposed relators, are about to apply to the Attorney General of the State of California for leave to sue in quo warranto. In accordance with Title 11, Sections 1 and 2, of the California Code of Regulations, the following documents are enclosed: (1) A copy of the relator's application for leave to sue in quo waranto; (2) A copy of the proposed verified complaint; (3) A copy of the verified statement of facts in support of the application for leave to sue; and (4) A copy of the memorandum of points and authorities in support of the application for leave to sue. FURTHER NOTICE IS HEREBY GIVEN that you have 15 days after service of this notice to appear and show cause, if you have any, why leave to sue should not be granted in accordance with the relator's application. Dated: April 24, 1996. Proposed Relator Dated: April 24, 1996. �/ ',; ,� Proposed Relator Dated: April 24, 1996. / .c roposed Relator r Dated: April 24, 1996. V;� Witness Dated: April 24, 1996. Witness BEFORE THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA The People of the State of California on the Relation of Gregory D.Nichols, ex rel., Claude Baum, ex rel., and Larry Lee; Stambaugh, ex rel., I APPLICATION FOR LEAVE TO SUE Plaintiffs, I [Code Civ. Proc. S 803; 11 Cal. CodeReg S 2] vs. GARY YANCY, Defendant. TO THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA: In accordance with Section 803 of the Code of Civil Procedure, application is hereby made by Gregory D. Nichols, Claude Baum and Larry Lee; Stambaugh for leave to sue in quo warranto in the name of the People of the State of California. In accordance with Title 11, Section 2, of the California Code of Regulations, the following documents are enclosed: (1) An original and one copy of the proposed verified complaint prepared for the signatures of the Attorney General, a Deputy Attorney General, and the relators; (2) A verified statement of facts in support of this application; (3) A memorandum of points and authorities in support of this application; (4) A copy of the notice directed to the proposed defendant advising him/her/it of this application and giving him/her 15 days in which to appear and show cause why leave to sue should not be granted; and (5) Proof of service of the foregoing documents on the proposed defendant. Dated: April 24, 1996. Proposed Relator Dated: April 24 1996. </< Proposed Relator Dated: April 24, 1996 tL4 = Proposed Relator Dated: April 24, 1996. v t'mu Witness Dated: April 24, 1996. `�� Witness F SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA The People of the State of California on the Relation of I Gregory D. Nichols, ex rel., Claude Baum, ex rel., I NO. and Larry Lee; Stambaugh, ex rel., Plaintiffs, I COMPLAINT IN QUO WARRANTO [Code Civ. Proc. S 803; 11 Cal. Code vs. I Reg S 2(a)] I GARY YANCY, I Defendant. The People of the State of California, on the Relation of Gregory D. Nichols, Claude Baum and Larry Lee; Stambaugh, complain of defendant, and for cause of action allege: I This action is brought pursuant to Section 803 of the Code of Civil Procedure. II At all times herein mentioned, GARY YANCY,the defendant, was a resident of Contra Costa County, California. III The position of District Attorney is an elective office of Contra Costa County, State of California. IV Commencing on or about January 2, 1995, GARY YANCY, the defendant, has usurped, intruded into, and unlaw fully held and exercised the office of District Attorney of Contra Costa County. V On or about June 7, 1994, GARY YANCY, the defendant, was electeded to the office of District Attorney for Contra Costa County, California. On or about January 2, 1995, the defendant entered into possessioll-of the office and has exercised the duties thereof to the present time. VI On April 24, 1996 the Clerk of Contra Costa County did not have on file the Oath of Office for GARY YANCY, for the term beginning January 2, 1995, in violation of Section 1363 of the Government Code of the State of California. VII No Official Bond for GARY YANCY is on file with the County Clerk's Office of Contra Costa County, in violation of Section 1450 of the Government Code of the State of California. P VIII Therefore, due to Section 1770(i) of the Government Code of the State of California, the office of District Attorney of Contra Costa County is and has been vacant since on or about January 2, 1995. WHEREFORE, plaintiffs pray judgment as follows: 1. For judgment determining that the defendant isnot entitled to hold or exercise the office of District Attorney of Contra Costa County and ordering him ousted from the office; 2. For the defendant to be fined pursuant to Section 809 of the Code of Civil Procedure; 3. For costs of suit herein incurred; and 4. For such other and further relief as the court may deem proper. Dated: April 24, 1996. Daniel Lungren, Attorney General for the State of California By: puty Attorney General for the State of California By B Grego D. ichols, relator Claude Baum, relator Larry( , Stambaugh, relator / For the People of the State of California VERIFICATION We, Gregory D. Nichols, Claude Baum and Larry Lee; Stambaugh, are the relators in the above-entitled action. We have read the foregoing complaint and know the contents thereof. The same is true of our own knowledge, except as to those matters which are therein stated on information and belief and, as to those matters,we believe it to be true. We declare under penalty of perjury that the foregoing is true and orrect and that this declaration was executed on April 24, 1996, at Martinez, California. reg D.Nichols Claude Baum '14 k;4/�tarnb—augh �&tness Witness e BEFORE THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA 1 The People of the State of California on the Relation of Gregory D. Nichols, ex rel., Claude Baum, ex rel., and Lary Lee; Stambaugh, ex rel., Plaintiffs, I STATEMENT OF FACTS [11 Cal. Code Reg S 2(a)] vs. I I GARY YANCY, Defendant. I, Gregory D.Nichols, declare: I am an adult citizen of the California republic. I have asked the County Clerk's Office of Contra Costa County, California, for a certified copy of the Oath of Office for the current term of office for GARY YANCY, or the Oath of Office for the current term of office for the District Attorney of Contra Costa County, California, and no such oath was ever produced by the County Clerk's Office. I have asked the County Clerk's Office of Contra Costa County, California, for a certified copy of the Official Bond for GARY YANCY, or the Official Bond for the District Attorney of Contra Costa County, California, andto bond was ever produced by the County Clerk's Office. I have searched the Recorder's Office of Contra Costa County, California, for a bond recorded for GARY YANCY, or an Oficial Bond for the District Attorney of Contra Costa County, California, and have failed to find any record of such bonds. I declare under penalty of perjury that the foregoing is true and correct, and that this statement was executed on April 24, 1996, at Martinez, California. ory D. Nichols, ex rel. Witness Witness BEFORE THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA The People of the State of i California on the Relation of I Gregory D. Nichols, ex rel., Claude Baum, ex rel., and Lary Lee; Stambaugh, ex rel., Plaintiffs, I STATEMENT OF FACTS [I I Cal. Code Reg S 2(a)] vs. GARY YANCY, Defendant. i I, Claude Baum, declare: I am an adult citizen of the State of California. I have asked the County Clerk's Office of Contra Costa County, California, for a certified copy of the Oath of Office for the current term of office for GARY YANCY, or the Oath of Office for the current term of office for the District Attorney of Contra Costa County, California, and no such oath was ever produced by the County Clerk's Office. I have asked the County Clerk's Office of Contra Costa County, California, for a certified copy of the Oficial Bond for GARY YANCY, or the Oficial Bond for the District Attorney of Contra Costa County, California, and no bond was ever produced by the County Clerk's Office. I have searched the Recorder's Office of Contra Costa County, California, for a bond recorded for GARY YANCY, or an Official Bond for the District Attorney of Contra Costa County, California, and have failed to find any record of such bonds. I declare under penalty of perjury that the foregoing is true and correct, and that this statement was executed on April 24, 1996, at Martinez, California. Claude Baum, Witness ;44L-" WitnesS- BEFORE THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA The People of the State of California on the Relation of I Gregory D. Nichols, ex rel., I Claude Baum, ex rel., i and Larry Lee; Stambaugh, ex rel., Plaintiffs, I STATEMENT OF FACTS [I I Cal. Code Reg S 2(a)] vs. I GARY YANCY, Defendant. I I vt .�qtr✓ I,Jdy ee; Stambaugh, declare: I am an adult citizen of the California republic. The Oath of Office on file with the Clerk of Contra Costa County for GARY YANCY, filed on June 30, 1969, is not the full Oath of Office printed in Article XX Section 3 of the Constitution of the State of California, nor is it the Oath of Office for GARY YANCY's current term of office. I declare under penalty of perjury that the foregoing is true and correct, and that this statement was executed on April 24, 1996, at Martinez, California. 4e3Cre. ee; Stambaug , Witness Witness RECEIVED SEP l 0 1556 "Front side of double sided document paRetOAIj , OF SUPERVISORS „M• CONGRESS DECLARES BIBLE 66THE WORD OF GOD" PUBLIC LAW 97-280—OCT. 4, 1982 Public Law 97-280 96 STAT. 1211 97th Congress Joint Resolution Authorizing and requesting the President to proclaim 1983 as the"Year of the Bible". Whereas the Bible, the Word of God, has made a unique contribu- tion in shaping the United States as a distinctive and blessed t nation and people; Whereas deeply held religious convictions springing from the Holy Scriptures led to the early settlement of our Nation; Whereas Biblical teachings inspired concepts of civil government that are contained in our Declaration of Independence and the Constitution of the United States; Whereas many of our great national leaders—among them Presi- dents Washington, Jackson, Lincoln, and Wilson—paid tribute to 3 the surpassing influence of the Bible in our country's develop- ment, as in the words of President Jackson that the Bible is "the rock on which our Republic recta"; Whereas the history of our Nation clearly illustrates the value of voluntarily applying the teachings of the Scriptures in the lives of Individuals,families,and societies; 1 Whereas this Nation now faces great challenges that will test this Nation as it has never been tested before;and Whereas that renewing our knowledge of and faith in God through Holy Scripture can strengthen us as a nation and a people: Now, t' therefore,be it �j Resolved by the Senate and House of Representatives of the United !+ States of America in Congress assembled, That the President is ,! authorized and requested to designate J993 as a national 'Year of the Bible' in recognition of both the tibbrmative influence the Bible has been for our Nation, and our national need to study and apply the teachings of the Holy Scriptures. Approved October 4, 1982. f RECEIVED 1996 CLERK BOARD CONTRA COSTA ERV SUPISORS if any. In the case of an oath of office for an appointed officer, if there is no expiration date set forth in the oath, or the officer leaves office before the expiration date, the appointing authority shall in writing to the Secretary of State the officer's date of departure from office. § 1367. Payment of expenses No compensation nor reimbursement for expenses incurred shall be paid to any officer by any public agency unless he has taken and subscribed to the oath of affirmation required by this chapter. § 1368. Perjury; punishment Every person who, while taking and scribing to the oath or affirmation required by this chapter, states as true any material matter which he knows to be false,is guilty of perjury, and is punishable by imprisonment in the state prison not less than one nor more than fourteen years. (See Penal Code § 118 et seq.) § 1369. Advocating overthrow of government; offense; punish- ment Every person having taken and subscribed to the oath or affirmation required by this chapter, who while holding office, advocates or becomes a. member of any party or organization,political or otherwise, that advocates the overthrow of the Government of the United States by force or violence or other unlawful means, is guilty of a felony, and is punishable by imprisonment in the state prison. § 1450 Filing Time Unless otherwise provided, every official bond shall be filed in the proper office within the time prescribed for filing the oath. Notes of Decisions Additional term of office Where an officer was elected for a new term he was required to give a new bond. People v. Aikenhead (1855) 5 Cal. 106. Judges Judges of justice courts must file official bonds, but municipal court judges are not required to do so. 20 Ops.Atty.Gen. 78, 8-12-52. Failure to file , s Under Pol.C. §§ 907 (repealed), 947, 996, subd. 9 (both repealed), where supervisor, whose term expired January 8, 1917, and who was reelected, did not file official bond until Februan• 28, 1917, or take his oath until April 23, 1917, office was vacated, and he was thereafter holding under extended term, and only entitled to salary provided for such term. Norton v. Lewis (App. 1917) 34 Cal.App. 621, 168 P. 388. 1 4 RECEIVED SEP 1 0 1996 C-t K-BOARD OF SUPERVISORS 1 y &OV, Gvl CONTRA COSTA CO. tune, or liability is imposed on any officer of a county or judicial district for nonperformance or malperformance of official duties, the liability therefore attaches to the official bond of the officer, and to the principal and sureties thereon. PUBLIC OFFICERS AND EMPLOYEES RESIGNATIONS AND VACANCIES § 1770. Events causing vacancy before expiration of term An office becomes vacant on the happening of any of the following events before the expiration of term: M His or her refusal or neglect to file his or her required oath or bond within the time prescribed. Notes of Decisions Removal from office Person holds office subject to conditions imposed by state, and where cause for removal is provided by law. person is deemed to have accepted office on condition he or she could be removed for that cause and in manner provided. Lubin v Wilson (Fong) (App. 4 Dist. 1991) 284 Cal.Rptr. 70, 232 Cal.App.3d 1422. Oath or bond-In general Election alone did not constitute Hopping the incumbent of the office. The law•required him, after receiving his certificate of election,,to take the,.oath of office, and-give-bonds within the time required by law. 'If he failed to do these things according to law, and within the time required-by law, the office was vacant. Hull v. Superior Court of Shasta County (1883) 63 Cal. 174. Knowledge of election or appointment, oath or bond Where an appointee had no knowledge of his appointment until after receipt of. his commission, his failure to qualify within-the 15 days from com- zhencement of his term was not a "refusal or neglect" to qualify, within the meaning of Pol.C., § 996 (repealed), which provided that an office became vacant on the "refusal or neglect" of the appointee to file his official bond within the time prescribed by law. People ex rel. Finigan v. Perkins (1890) 85 Cal. 509, 26. P. 245. Time of filing, oath or bond Where five harbor district commissioners who were elected on Nov. 2nd, 1948, duly filed their several oaths of office but did not file their official bonds until )an. 6, 1949, such filing was not timely, and vacancies in such offices resulted. 13 Ops.Atty.Gen 117 (1949). Incumbent, oath or bond A person elected to an office, %,ho failed to qualify and file his official oath or bond within the time prescribed; was an "incumbent," within the meaning of Pol.C. § 996 (repealed) which declared an office vacant upon the refusal or neglect of the incumbent to file his official oath or bond within the time prescribed. People v. Taylor (1881 ) 57 Cal. 620. 8 i TAE AMERICAN'S BULLE777V September 1996-9 s,and our Republican form anent. In January 1810 'Mir- TFILE 4 WIN teed proposed the Thir- nendment,and on April 26, passed by the Senate 26 to d session, n 670) and by California 87 to 3 on May I, 1810 Against o.2050)and submitted vo. n states for ratifica- Am. -rent reads as fol- Coupty S14p ry. citizen ft r united by AB Staff II Accept,cla receive or title of nobilu, honor, vithout the consen► ^on- l hey wen just hard working folk inoomnpetencein office Plaintiffs were apt and retain any pi. 't, that were concerned about. how. entitled to the judgment in their favor )ffice or emolument of. wer, from any emperm, things were going on in their county. as a matter of law.The issue was sun- foreign power, such The felt they civic minded enough to ply the denial of ConstmOonal rights Al , to be�a citixea of participate in county business. So which were substantiated by undis- J State.. -%d:shall.be Inca- . .they headed off to the county super. puted evidence. Defendant Giardino ---- visors meeting, you,.know, where admitted to his actions under color of. them,or o�ce-of them." people go to give input and direction slate law"; that is, the ice or cr which is usually disregarded by such semblance of legal tight and a misuse An "Americas. '-donary government(public savant)employ- of power. Defendant Giardmo was b- tghsh language, Edi- ees. Seems one of the able for the nattual consequences of dt Webster,(1828)w 's would not Id otic the men iQ speak, his acts in this civil rights case be== s: "3. The qualities wh. his conduct was done under color of distinction of rank in civil thereby�tolatinghi first Amend- •oording to the customs or Ment Right stied. The fol- �1 and deprived the plaintiffs of then .� s. rmtry,that eminence or lowing is just the facts) Defendant interpreted his lu. nam derives from act of the violations pursuant to the :isle . '•rred, and which Complaint - Violation of California Brown Act governing state l b n in an v above com- Constitutiorral First Amendment civil government entities in public meet- ,."; and, ", �e persons rights for Preventing ftecdom of , However,with erroneous advice ty'who enjoy above speech and the right for petitioning for by outside eounsd that the"airing"of ,s;the peerage." redress of grievance by Chairman Jerry employees problems mast be done in al% bre-mentioned Sectt%, q Giardato of the Siskiyou County Board "cbsed session",the interpretation did ell � ititution for the um. of Supervisors on August 25, 1995.. not stand in court Plaintiffs relied nd the above proposed Case Ives v.Grardino hearts in a sum- upon a specific section, namely, t Amendment sought to maty judgment hearing on 54954.3,that states "Citizen's Rights- ' above definition, which - August 16, iced Members of the public may address ; ny advantage or privi_ Court- United States Dis- the body at a regular meeting on ANY me 'ens an unequal trict Court, Sacramento CahfomuL matter under the agency's authority." op- to Edward Garcia,presiding. Such was the case in this matter where to. T or exercise Pro- Plaintiffs-Dr.Harold Ives, some 60 Ie were in attendance ver. Thin, of the seven- H Cam ;. Dr. Harold Willis, believing people plaintiffs believed. s listed be,, mderstood y�.Mike Hunter, Mt ` :once of this As.. 'anent �'John JudgeGarerd �'� careful n +. nDate 'for Dunham,Happy Camp;James Slaven, making his decision by having Califor- Amendm. FortJones. nia's Attorney General Dan Lundgren Attorneys for Defendant submit an opinion to clarify the prob- gt land landcky Jan:pec 25. 18 31, 1811 Ghux ino Frank DeMarco, Siskiyou len.judge Garcia was apparently sat- o Jan'31, 1811 County Counsel and Philip Price,out- Mod that the plaintiffs were correct in of-county counsel of Chico. their stand as substantiated by Mr. 'vane Feb.2, 1811 Dion -Plaintiffs prevail Lundgren.. ania Feb.6, 1 MI in the suit for violations of their Con-. If there was ever a David and a Jo. Feb. 13; 1811 stitutional rights. Goliath confrontation it was certainly mont Oct.24; 1811 Remarks: this one where the common folk took nessee "-w.21,,1811 Cause of the suit.was.initi- ,on the Good-0kl,Boys and defeated :rgia" 13, 1811 ` ated by Plaantifis coming.before the Goliath with the Sword of Truth. th Carolina Dec,. 1811- Board of Supervisors to have the Dr.Harold Ives ; sachusetts Feb.2, '12 Board consider -terminating the em- P.D.Box 926 + r Hamp. Dec: 10, c. ployment of County Counsel Frank Happy Camp,CA 96039 ` ;inia Mar. 12, 181. DeMarco and County Administrator (916-493-2645) to Votes Robert Sellman(since terminated) for 4 Amendment ' 'mvk Mar. 12, 1811 ,m it May 1813 ' th Ca a Dec 7, 1813 de Isian, 'Rept. 15, 1814 arch 10, la. he Virginia passed Ac.. b. 280 Archives of K fond, e,p.299 for micro-t., n): rJUou've had your "day in court." A money judgment (fine, RECEIVE® SEP 1 Q 1996 CLERK BOARD OF SUPERVISORS r CONTRA COSTA CO. Request to Speak Form fiern1er /0 149�n ( THREE (3) MINUTE LIMIT) > Complete this form and place It in the box gear the speakers' mtrum before addressing the Board. Ma,s Q j e . Name; LD'If'r x/ Le e � a a rlww. (510) �8 7 0;(-38 "�oryi21e5511-- only gbcde/jloNse Jloleh�� �0�2� t� �D�4c Co � 1 am speaking for myself.�L or organization: (r.Lgw of 0 sm-ITatioN CHUX ON& I wish to speak on Agenda Item #_ Dee: Mr comments will be; general _for_nainst _- �� 1 wish to speak on the subject of 8-) -g6 Noplc rz C xW 41s V,o la-1Tans a"J !{oi;ce oFe1,;MY)CLV%d de*4)%JJ �e�ir��pnfk:icl�-�e in re V4arl D,-s+,;d,441orne ofF$a(No OeLf 1 do not wish to speak but leave dose comments for the Board to consider: � � O a1�ove- Re ,kes�' 'o���ak ��►r ' of ' y iajn6er 10 1776 A'Ti��E,En( Kt1 y ; I ohs"cam Request to Speak Form � lo ( THREE r�� MINUTE LIMIT) Complete this form and place It in the box near the speakers' r+osavm before addressing the Board Name: �� inC Phone: 6F10�18d y5'9'� 1 am speaking for myself__ or organization: Oum of orzw,'TAfw CHECK ONE: _ 1 wish to speak on Agen la Item #_____ Oat 10 9 . ne 1 wish to r mon il will be: � �' �k subject _ - . _ 1 do not wish to speak but leave these comments for the Board to consider: Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Nano~ ' L600L.Phone,-, Name.- Address: ��' , 1 am speaking for nnyself or organisation: Omm of oraanisatio I DUCK ONE _ 1 wish to speak on Agenda Item #_ Date; My comments will be: general for rest . 1 wish to speak on the s Aod of . 1 do not wish to speak but leave tfiese comments for the Board to consa - f', �p Request to Speak Form 10- ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the,Board. Name: 41,4 1-5 Phone; Address: An*'oc 11,1 Cly: a 6V 1 am speaking for myself or organization: (erne of o�,snEsataN CHECK ONE 1 wish to speak on Agenda Item #_ Date: My comments will be: several _for._asairtst, • 1 wish to speak on the subject of '16te e 26 alo v.-f"' 1 do not wish to speak but leave these comnnevts for the Board to consider: Uc. r 1/ L G'P P Request to S eak Form q '0)gca ( THREE (3) MINUTE LIMIT) Ciomplete this form and place n in the box near the Weakers' rostrum before addressing the Board. Name: unci 1� CAJOY Q #hone: /0 -X33-os5 �� Address: Q�tp' 1 am speaking for myself—L Worgan • ane of or�nt:�tioN CHECK ONE: _ 1 wish to speak on Agenda Item #S� Date — My comments will be: general _....1br_a0r1s . 1 wish to speak on the subject of LSpee be l taw<< 1 do not wish to speak but leave these comments for the Board to consider: yn i n U-k- zl o Lai Lee- Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Narrre: / phone: 6Ut?,V Address: 1 am for �f or lzabon. n8 m!'� . a'San . 6ume of orsudutioN CHECK ONE: 1 wish to speak on Agenda Item #' Date: My comments will be: genwal _for,_aBairrst % , 1 wish to speak on the adod l f =. 1 do not wish to speak but leave time comments for the Board to consider. S-�,2 7-h;-- Z11,"�� 11/ r*77 Request to Speak Form • � �� ( THREE C�� MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before add 7'ng the Board. r o 1 KS �tgrfe; F � 1 1 am speaking for myself C 7`F 4rmw ofor�nEzat oN ` CHECK ONE: 1 wish to speak on /agenda Item #_ Date: My comments will be: general _-fbraga1rw . I wish to speak on the mAjeet of - 1 do not wish tT� , but ve these comrnenh for the Board to consider: �%�