Just how strong is Don Wagner's Tea?

.....This “Tea Party” thing is complex. Clearly, many of the Tea party hoi polloi are foolish, ignorant, and even worrisome. Listening to some of these tea people sometimes, you'd swear they are anarchists. But they call themselves "patriots," and patriots are too busy waving the flag to be anarchists.
.....If Tea Partiers have a coherent philosophy, I sure don't know what it is. Most of 'em richly deserve to be called stupid.

.....But many of the pols who embrace the movement are anything but stupid.
.....They’re some kind of cynical. I guess.
.....How cynical are they? I just don’t know.
.....Our own trustee Don Wagner is among the Tea Party embracers. Back on April 28, we posted about his participation in an April 15 Tea Party event (Tea: the last beverage of scoundrels). According to Orange Juice blogger Larry Gilbert, Don Wagner was among the event speakers. I'm sure that's true.

.....Today, I came across an odd “neoconservative” blog called American Power. There, I found a couple of posts that referred to a Tea Party rally back in February (Feb. 13). Don Wagner participated in that event as well. The pics prove it.
.....Just what does it tell us about Don Wagner that he’s playin’ footsy with this odd collection of ignoramuses and (often) worrisomely loose cannons? He's no dolt. Sure, he's kinda mean and a bit ruthless. But surely he cringes when the Tea People shout, "No taxation without representation!"
.....He's cynical, right?

SEE Chuck DeVore Tea Party Rally! (Feb. 13)

Whistleblower lawsuit against for-profit education company unsealed

For-profit chicanery

Whistle-Blower Alleges That For-Profit College Paid Incentives to Student Recruiters (Chronicle of Higher Education)

The Education Management Corporation, dinged in a Frontline program this week for allegedly stampeding students to enroll at its Argosy University by pushing their "hot button," now faces a whistle-blower lawsuit alleging that student recruiters at its South University Online had been paid based on how many students they drummed up, according to the Pittsburgh Tribune-Review. The practice, if proven, would be a violation of federal student-loan law and could be costly to the university – the False Claims Act, under which the lawsuit was filed, calls for triple damages. The allegation, from a former employee, doesn't specify how much money is at stake, but the university is disclosing the lawsuit in a Securities and Exchange Commission filing today, suggesting it could have a material affect on its finances.

According to SOCCCD Chancellor Raghu Mathur’s biography, “Mathur serves as an Advisory Board Member for the School of Education at Argosy University where he also teaches courses in educational leadership and management to doctoral students.”

One of our deans here at IVC has a history of promoting for-profit universities, including Argosy, where she teaches as an adjunct.

Wagnerian episodes (red meat tossing for the Lord)

.....The always uninspired Matt Cunningham of Red County today reported on the race for the Republican nomination in the 70th Assembly District. (AD70 Watch: Jerry Amante Starts Mailing)
.....That’s the race that SOCCCD Board President Don Wagner hopes to win. He’s up against Tustin Mayor Jerry Amante and Irvine Councilman Steven Choi.
.....Matt notes that Amante has raised more money than Wagner or Choi, but Wagner and Choi have more money in the bank, in part because both have put up a fair amount of their own cash: $122,000 and $100,000 respectively.
.....Gosh, I didn’t know Don was so wealthy!
.....(On his website, Don crows that he has "bested all other candidates in the race with $145,700 raised to date and $109,300 in the bank." Odd, isn't it, that he fails to mention that he "bested" the others thanks to donating himself $122,000.)
.....Amante put out a mailer earlier this week that has raised eyebrows. It sports a photo of Amante with County GOP chief Scott Baugh. But Baugh has not endorsed Amante.
.....Matt, ever the Boy Scout, spoke with Baugh and, he says, the latter has instructed Amante “not to use his image anymore.”
.....I checked out Amante’s campaign webpage. It lists Orange County Public Administrator (and SOCCCD trustee) John Williams among those who have endorsed the fellow.
.....Oddly, on his campaign website, Don Wagner also lists John Williams as among those who endorse his candidacy!
.....He also lists Tom Fuentes!
.....Elsewhere on the site, Don offers an “editorial” entitled The Fight for God in the Public Square. There, he declares:

Not long before the Christmas Holidays, a group of leftist community college professors and a couple of anonymous students, working with lawyers from the atheist group Americans United for Separation of Church and State, filed a federal lawsuit against the South Orange County Community College District and several members of its Board of Trustees, including me. The gist of their complaint was that a speech I gave in support of religious freedom, a joke another trustee told based on the Biblical story of Jonah and the Whale, a patriotic slide show with a single mention of Jesus, and the college district's practice of opening commencement ceremonies, awards ceremonies, and other events with prayer, all violated the U.S. and California Constitutions.

Wagner goes on to refer to his opponents as “the atheist left.” But Don should know better. In fact, theists are among the group who have brought this suit. (I am an agnostic.) The suit is not an attack on religion by atheists; rather, it is an appeal to the Constitutional notion that the government may not act to “establish” religion or a religion. Of course government does that when its officials, in their governmental capacities, offer prayers, at least in some settings.
.....Neither is Americans United an "atheist" organization. As AUSCS explains on its website, “Americans United does not take positions on theological questions and does not oppose any group because of its religious beliefs.”
.....Well, I get it. Don’s just tossing red meat is all. Gotta give those rubes what they want, eh Don?
.....And dude! When are you gonna thank me for my assist in your candidate statement?

P.S. For what it’s worth (not much), Art Pedroza calls Don a “knuckle-dragging social nutter": Should Steven Choi be at all worried about Don Wagner and Jerry Amante? (OJ Blog) OJ’s Vern Nelson is even less flattering, describing “the execrable Don Wagner” as “an inveterate knuckle-dragging ‘social conservative,’ a fanatic adherent of the Orwellian-named Education Alliance and a firm believer in bringing spanking into our schools.”

College students who pray won't be punished (San Francisco Chronicle)

An East Bay community college district has agreed to respect students' freedom of religious expression in settling a lawsuit filed by two women who were threatened with suspension after one of them prayed with an ailing teacher in an office at the College of Alameda. ¶ In the settlement, announced this week, the four-campus Peralta Community College District recognized the right to "non-disruptively pray on campus." The district also agreed to remove all records of disciplinary action against the students and pay their attorneys' fees, said Kevin Snider, a lawyer with the Pacific Justice Institute, which represented the students. ¶ Students still won't be allowed to lead organized prayers in class, but can pray in other campus locations "to the same extent that they may engage in any other free speech," Snider said….

Williams loses on appeal

AN ODD DEVELOPMENT. Surfin’ the net, I happened upon a successful appeal, published today (here is the download).

It is the reversal of a court decision made back in May in favor of John Williams, OC Public Administrator. It concerns the estate of Charles David Lewis Jr., aka “Mask”—some sort of celebrity, who died a year ago in an automobile accident in Newport Beach. (See Charles Lewis, Jr..)

His Ferrari was hit by a Porsche driven by a drunk driver.

The appeal was filed (I believe) by Diane Larson, the mother of Lewis' two children.

Why would Williams seek to administer the estate of this guy?

Here are some excerpts:

Diane Larson appeals from the court’s order appointing the public administrator to administer the estate of the deceased father of Larson’s two children, who are decedent’s sole heirs. We reverse because Probate Code section 8464 did not authorize the court to make such an appointment.

FACTS

On April 1, 2009, Larson petitioned to administer decedent’s estate. The petition stated decedent died intestate in Orange County, California on March 11, and was survived by two children who lived with Larson in Illinois.

On April 7, the public administrator petitioned to administer decedent’s estate, claiming Larson was “not the court-appointed guardian of the estates of the minors” and, even if she were, the court had discretion to appoint “another person entitled to appointment” as administrator. The public administrator stated he was “best suited and qualified . . . to act as administrator” due to the “potential size and complexity of this estate.”

Also on April 7, the public administrator petitioned for letters of special administration. His petition stated decedent was believed to own a 28 percent interest in “TapouT LLC,” a successful clothing and marketing company “associated with the sports of mixed-martial arts and ultimate fighting.” Media reports suggested the value of that interest exceeded $10 million. Decedent was also thought to have substantial bank accounts, securities, “valuable automobiles (including a Porsche Turbo S and a Bentley) and potentially valuable intellectual property rights.”

The next day, Larson petitioned for letters of special administration. Larson stated the minors were decedent’s sole heirs and she was their biological mother and legal guardian. Larson submitted a brief stating that under Illinois law, she could not be appointed the minors’ guardian since she is their living, custodial parent currently caring for them. The court responded to the competing petitions by appointing the public administrator as the special administrator of the estate, and later extended the letters of special administration through May 13. Prior to the May 13 hearing on the petitions, Larson reported that an Illinois court had appointed her the legal guardian of the person and estate of each minor, and that both minors had nominated her to act as administrator of their father’s estate.

At the May 13 hearing, the public administrator argued he was “better suited to handle” the large, “complex” estate. Shortly before his death, decedent had stated his net worth to be “15 million dollars, and his annual income [to be] 1.5 million dollars.” The estate required “a lot of leg work to track down the assets,” such as taking custody of the cars. The public administrator had “three attorneys assigned to this case,” and “a team of investigators and professional fiduciaries . . . .” The public administrator was local, whereas Larson lived in Illinois. The public administrator advised the court that section 8464 gave the court the discretion to appoint as the estate’s administrator either the minors’ guardian or “another person entitled to appointment.”

Larson argued for appointment as the estate’s administrator because she is the minors’ guardian. She asserted there was no conflict between the children and her. … She argued she was qualified, is bondable, and had competent experienced counsel; moreover, the “two sole heirs want their mother to take care of it.” She asked the court, in exercising its discretion, to “consider what would best benefit the children.”
…
After reviewing the moving and opposing papers, the court approved the public administrator’s petition, appointed him as the estate’s administrator, and denied Larson’s petition.

After an extensive “discussion,” the document ends with:

The court’s order must be reversed because, in the absence of a finding that Larson was not competent to act as personal representative, the court lacked statutory authority to appoint the public administrator, instead of Larson, to administer decedent’s estate and thereby abused its discretion under section 8464. (In re St. John’s Estate (1937) 8 Cal.2d 175, 176-177) [court’s order appointing administrator reviewed for abuse of discretion].)

DISPOSITION

The order is reversed. Larson shall recover her costs on appeal.

SEE C.A. Reverses Order Naming Administrator of TapouT Founder’s Estate (Metropolitan News-Enterprise)

The matter is "under review"

.....I want to apprise readers of new developments in the John Williams “disturbing discrepancies” matter. (For background, see this.)
.....Early yesterday, I went online to the Orange County government website and found an organizational chart that seemed to indicate that the person Williams answers to is the County Executive Officer, Thomas Mauk.
.....So I wrote him, explaining the “disturbing discrepancies in public records concerning” Mr. Williams. I wrote: “At appears that, in several instances, Williams claimed a full day’s work at his county job on days when, according to SOCCCD records, he was at conferences.”
.....I closed with: “If you are not the person to contact, please advise.”
.....Mr. Mauk did not write back, but, after a day and a half, I heard from Howard Sutter, CEO of Community/Media Relations (County):

I am writing in response to your e-mail of May 4, 2010 sent to Thomas G. Mauk, County Executive Officer. Thank you for bringing this matter to our attention. The matter you referenced is currently under review.

As I expected, I was also apprised of “the nature of the reporting relationship between elected department heads and the County Executive Officer.” It’s kind of complicated.
.....I was glad to hear that “the matter” is now “under review.” But that’s pretty vague. So I wrote Sutter back immediately:

Would it be possible to shed any light on the "review" to which you refer and that is currently under way? Who is performing the review? To whom will that person report? When will the review by done?

Soon, I heard back. Sutter wrote:

I am not directly involved in the matter, so I do not have any additional information at this time.

Well, that won’t do. I pressed for more information.

Stay tuned.

UPDATE:

At 6:55 this morning (May 6), Mr. Sutter wrote to say

After my e-mail to you yesterday, I learned the matter has been referred to the
Internal Audit Department. That is all of the information I have at this time.

Read about the IAD here.

Listed on the site is a fraud hot line: “Report to us [IAD] about questionable behavior, waste, and abuse involving county vendors, employees, and processes.”

There is an Audit Oversight Committee (AOC). According to the website, "The AOC members are as follows:

• Chair, Board of Supervisors
• Vice-Chair, Board of Supervisors
• Auditor-Controller
• County Executive Officer
• Public Member
• Treasurer Tax-Collector, Ex-Officio Member (Non Voting)"

The Death of Public Education, UCI, May 4

Photos by our pal Jason (Davis).

Still more to ignore

TOM’S APPALLING LEGACY.
.....Some day, Tom Fuentes will leave the board, and we will be able to assess his legacy as a SOCCCD trustee.
.....That legacy will include the lasting marks of his sustained efforts to associate the district and its colleges with his right-wing pals in government.
.....Who would that be?
.....Well, it would be, among others, the ethically-challenged OC DA, Tony Rackauckas, the ethically-challenged OC Treasurer, Chriss Street, and the even more ethically-challenged former OC Sheriff, Mike Carona.
.....Carona. You remember him. He used to show up and pray and salute a lot. Now he’s a convicted felon.
.....Today, the Reg (Ex-sheriff heads back to court for appeal) provides a heads up regarding Carona’s appeal. The hearing will be tomorrow.
.....The Reg explains the basis of the appeal:

The former law enforcement official was found guilty of witness tampering in January 2009 for trying to persuade ex-assistant sheriff Don Haidl to lie during a grand jury probe….
. . .
Carona's lawyers argue that prosecutors broke an ethical rule when they arranged for Haidl to secretly record an August 2007 conversation despite knowing Carona had retained a criminal defense attorney at the time….

That recording, played repeatedly during the jury trial, was the basis for Carona's witness tampering conviction….

.....The upshot is this: Carona does not dispute that he tampered with a witness. Rather, he argues that the manner in which the damning recording was acquired by prosecutors violated ethics rules.
.....There’s a Plan B: “The former sheriff's legal team also contends that Carona was convicted under the wrong statute, and therefore was wrongfully convicted.”
.....If Carona prevails, he will of course announce his complete vindication. But no. Clearly, he did tamper with a witness.
.....On the various tapes played during his trial, Carona said a great many things that contradict his image of staunch right-wing Fuentean rectitude—racist remarks, etc.
.....If he prevails, Carona will pretend that those tapes do not exist, that he never said and did those awful things.
.....If he prevails, no doubt Fuentes will again arrange for the Mikester to be named the Irvine Valley College “Hometown Hero.”

CAPO’S NEW MYSTERY SUPE.
.....The Reg also reports that the

Capistrano Unified's school board has tentatively selected a successor to outgoing Interim Superintendent Bobbi Mahler, but has not released the finalist's name pending a reference check and visit to his school district….

.....The Reg indicates that the individual is “male and a superintendent at another school district.”
.....The board president is quoted as saying, "We're very proud of our choice…. He was notified right after our board meeting [Monday night], and he was very excited and very energetic and looking forward to it.”
.....She also explained that “Three district trustees will visit the finalist's school district, likely this week, and also will contact its [?] school board to do a reference check.”
.....Our insiders tell us that Mathur is not the guy.
.....The Capo board president is none other than Anna Bryson. And who is she? Well, she works for OC Treasurer--and pal o' Fuentes--Chriss Street.

THE DAY EDUCATION DIED.
.....Meanwhile, the OC Weekly’s Matt Coker reports that

UC Rebel Radio presents a mock funeral for education this afternoon at UC Irvine. ¶ Faculty, staff and students wearing black are expected to participate in a 1 p.m. gathering at the flagpole, where speakers will eulogize young people's future before departing for a procession around the campus.

"The desire for the free and equitable cultivation of thought which spurred the creation of the University of California has been smothered, due in part to privatization and the increasing lack of availability of an excellent UC education," states a letter from a group of participating groups.

.....Matt notes that May 4 was chosen for this event because it is the 40th anniversary of the Kent State massacre.

EVEN MORE FOR IVC TO IGNORE.
.....Our own Rebel Girl (Lisa Alvarez) appears in the May issue of Connotation Press: An Online Artifact, along with the likes of Andrei Codrescu—you know, that NPR guy with the cool Romanian accent and dry, Transylvanian wit—and various other writers and artists.