Wednesday, October 20, 2010

Spitzer: Conspiring OC Creepublicans

     In his latest post, OC Weekly’s R. Scott Moxley briefly reports on today’s odd war of press conferences between corrupt OC DA Tony Rackauckas (a member of Fuentes/Schroeder’s crew or GOP Mafiosi) and former Assistant DA Todd Spitzer, who was fired when he made a phone call to John Williams’ OC Public Administrator/Guardian office a couple of months ago (Tony Rackauckas & Todd Spitzer Declare Themselves 2014 Opponents for Orange County's Top Prosecutor Job).

     Moxley displays photos of Spitzer’s PowerPoint (er, posters):


     Moxley: "Spitzer accused Republican heavyweight Mike 'Vader' Schroeder of being Rackauckas' master as well as a tainted, key advisor to sheriff-turned-convicted-felon Mike Carona."


     Moxley: "Spitzer say[s] a conspiracy involving various other Republicans took him from being 'the happiest man in the world' to the unemployment line."


MR. TODD’S WILD RIDE: First, Rackauckas fires Spitzer over a seemingly innocent phone call to Williams’ troubled PAPG office, whose second in command happens to be Rack’s fiancé. WTF? Then, responding to public pressure inspired by never-ending murmurings of trouble at Williams’ office, Supervisor Bates calls for a review of the PAPG. Owing again to public pressure, the Supes noisily opt for an outsider—a local attorney with experience in the relevant law—to conduct the review. But then it turns out that the report will be confidential! What good is that? Then, just days after the attorney announcement, we’re told that the County has decided to change its direction: now, the attorney is sent packing and the review will be conducted by “county staff.” So much for an independent review! Next comes the announcement from Rackauckas that, in a few days, there’ll be an announcement!—A big reveal, apparently, of the Spitzer outrages that led to his firing. Sounds like a diversion! Sure enough, today, the circus tent opens, reporters are led inside, and—Spitzer’s atrocity turn out to be his, um, making somebody cry.

Gosh, Spitzer made somebody cry?! Rackauckas' big reveal way underwhelms

The DA
     Just how stupid does Rackauckas think people are?

Spitzer abused authority, made staff cry, DA says (OC Reg)

     Former assistant district attorney Todd Spitzer, whose ambitions to become the next district attorney have never been kept quiet, repeatedly abused his authority, campaigned on county time, using county resources and county staff, and created a hostile working environment that left at least one staffer in tears, District Attorney Tony Rackauckas and his senior staff said.
. . .
… What was supposed to be a handful of reporters invited to an intimate sit down with Rackauckas and his senior staff Wednesday blossomed into a crowd of reporters, bloggers and cameramen clamoring to learn why Spitzer was fired from a job that was designed to propel him into being the next district attorney.
     In a nearly 2 1/2 hour sit-down, Rackauckas and three of his senior district attorneys detailed the last two years of Spitzer’s career at the District Attorney’s Office, accusing him of abusing his power, disclosing confidential DA investigations for political gain, and bullying staff members because he believed–-and repeatedly told—people he was going to be the next district attorney.
. . .
     Spitzer fired back. Calling the District Attorney’s Office desperate and corrupt, Spitzer held his own two-hour press conference at the headquarters of the Orange County Employees Association along with special guest James Ochoa who was released from prison after he was wrongly convicted by the District Attorney’s Office in a carjacking case.
. . .
     [Spitzer] claims he was never made aware of complaints from staffers about his work behavior – a claim denied by Rackauckas .
     Spitzer was fired Aug. 27 after he made a phone call to Public Administrator/Guardian after being asked by a citizen alleged a domestic abuse victim was being improperly investigated.
     The call to the PA/PG’s office was the last straw, Rackauckas said….
. . .
     Public Administrator/Public Guardian John S. Williams issued a statement the following day – on a Saturday – which did not name Spitzer but said that an assistant district attorney who had been a former county supervisor and state assemblyman – had tried to obtain information to which he was not entitled.
     “He tried to get the information by claiming there was a legitimate law-enforcement purpose, using his current title as prosecutor, stating he was a former assemblyman and a county supervisor, and saying he knew me personally,” Williams said. “This conduct is unacceptable and cannot be tolerated.”
. . .
     Since being fired Spitzer, a longtime public servant who has never shied away from media attention, has welcomed reporters questions, even hand-delivering his personnel file to a reporter at the Register to prove it held nothing disciplinary in nature.
     The certified copy of the file contained nothing disciplinary in nature. Spitzer was an at-will employee, Rackauckas explained. The purpose was to mentor Spitzer, not to document ways to fire him….

CHECK OUT: Big Cats attack Mr. Pumpkin Head

Doom, Gloom, Vrooom

● Florida Attorney General Opens Investigations Into 5 For-Profit Colleges (Chronicle of Higher Education)

Florida's attorney general is investigating five for-profit colleges for possible misrepresentations about financial aid, deceptive recruiting tactics, and other practices, an official confirmed on Tuesday. ¶ According to listings on the attorney general's Web site, investigators are seeking information from Argosy University, which is owned by the Education Management Corporation; Corinthian Colleges' Everest College; Kaplan University; the MedVance Institute; and the University of Phoenix….

● Community colleges not preparing California's future workforce, study says (LA Times)

Seventy percent of students seeking degrees at California's community colleges did not manage to attain them or transfer to four-year universities within six years, according to a new study that suggests that many two-year colleges are failing to prepare the state's future workforce.

Conducted by the Institute for Higher Education Leadership & Policy at Cal State Sacramento, the report, released Tuesday, found that most students who failed to obtain a degree or transfer in six years eventually dropped out; only 15% were still enrolled….

● Golden State's Transfer Guarantee (Inside Higher Ed)

Last month, California Gov. Arnold Schwarzenegger signed the Student Transfer Achievement Reform Act, guaranteeing community college students who earn certain associate degrees meant for transfer acceptance into a California State University baccalaureate program with junior status. And though the intent of the legislation is to simplify what many students report is a scattershot transfer process, the work California community colleges and CSU must do to achieve this goal by next fall is complicated and will test their resolve in the wake of the state’s recent budget crisis….

● Proctor or Gamble (Inside Higher Ed)

When students take exams on the computer at home, there is no classmate a seat over to copy from. Then again, Google knows more than any fellow test-taker. ¶ So the results of a new meta-study on cheating, published in this fall’s edition of the Journal of Distance Learning Administration, might come as no surprise: Online courses that rely heavily on unproctored, multiple-choice exams are at greater risk of being cheated on than similar face-to-face courses, the study concluded. And while there are mechanisms available to forfend dishonesty in online exams, they can be costly and inconvenient, and may not be widely used….

● 'The Lost Soul of Higher Education' (Inside Higher Ed)

[Interview of Ellen Schrecker:]
. . .
Q: "Much of [the current threat to academic freedom]," you write, "comes from the federal government." In what ways has this changed -- or stayed the same -- in the first two years of the Obama administration?

A: In the immediate aftermath of 9/11, the Bush administration understandably panicked and instituted heightened security measures that made it much harder for the academic community to carry out its research, teaching, and related activities. ... The Obama administration has promised to roll back many of these restrictions. And it did, somewhat belatedly, admit some previously excluded individuals to the U.S. In other areas, however, it is unclear how much progress has been made.

An equally, if not more, serious threat came from the attempt of the Bush administration’s Secretary of Education, Margaret Spellings, to reshape higher education by instituting more assessment and accountability. While it would certainly be useful to discover what our students have learned, that project should be in the hands of faculty members who understand the educational process. Unfortunately, Spellings and her business-oriented associates relied on a narrow set of largely economic and quantifiable criteria that threatened to impose a one-size-fits-all model on the nation’s highly diverse system of higher education. Though Congress rejected many of Spellings’ “reforms,” the Obama administration may not. The current Secretary of Education, Arne Duncan, is as fixated on accountability as his predecessor. And, like her, he is looking at the numbers instead of figuring out how to assess the broader knowledge that higher education provides. Neither official, it should be noted, has seriously tried to find out what current faculty members feel is important….

Tuesday, October 19, 2010

Today's faculty/Accred team "forum"

     Oct. 19: Went to the “open forum” today—faculty’s opportunity to communicate with the visiting Accreditation team. A couple of weeks ago, the Senate held a meeting of interested faculty to organize today's confab—but virtually nobody showed up. We all figured, therefore, that today’s event would be poorly attended.
     But no. It was well-attended, despite the hour: 4:00 in the afternoon, a really dead period at the college.
     The members of the Accred team introduced themselves. They’re all administrators. What’s up with that?
     Academic Senate President Lisa DA kicked things off, explaining that it was indeed an open forum; there was no agenda. So she turned to the audience: any comments?
     Silence. But soon comments flew. Some faculty seemed determined to paint a rosy picture of both the district and the college, and that was fine, as far as it went. Yep, the faculty are great. Students are happy. Birds are chirpin’.
     But one of the team referred to our college/district’s history of problems with board “micromanagement.” How are things on that score?, she asked.

Mostly, we're just trying to avoid those big feet and claws while the epic battle rages
     Things are much better, said some faculty—especially a few who haven’t a clue what the trustees have been saying or doing. These chirpings persisted a while, but the abject cluelessness of it all was starting to get to me, so some of us (well, I) noted such unchirpy episodes as trustee Nancy Padberg’s messing with Saddleback College’s TV broadcasts—“If that isn’t micromanagement, I don’t know what is,” I said. Yeah, and then there were the recent trustee effort to cease the two faculty senates’ memberships in the State Academic Senate.
     To me, the team seemed surprised by these factoids. But it’s hard to say.
     What about curriculum? There was much carping about Curricunet and other software programs, I guess. Plus, said some, for a long time, things were seriously bogged down, but they sure did move fast when a certain person was removed as Curriculum chair.
     They didn’t have to go into that detail, but they did.
     People took turns noting how wonderful we all are. “We’re good,” they said. Yuk yuk.
     There was a fair amount of discussion about the Chancellor search process. One Senator opined that the hiring policy is south of perfect, which is true enough. Others explained that the search committee was stellar, that it did its job well, that it forwarded three good candidates and that a couple of weeks ago, the board interviewed them and, evidently, they just didn’t like ‘em.
     Two of us expressed our concern that “history might repeat itself”—an allusion to the Mathur hire of eight years ago, when the board blew past the committee’s recommended candidates to reach way down to the bottom of the barrel to scrape up, well, Mathur. We said we didn’t know what the board was up to, of course, but things didn’t look good. And we’ve heard no word from them since the last board meeting.
     (My guess is that they’re trying to bring Gary Poertner back. That rumor has never died.)
A disconnect?
     One of us drew attention to a long-time suspicion that the IVC dean hire was proceeding in a less than above-board fashion. Few things are more demoralizing and corrosive, I suggested, than fixed hires. But, of course, despite the highly curious circumstantial evidence (the job description; timeline) of an attempt to, um, determine the process, there is no proof of hinkyness. And the process is not yet over.
     I drew attention to the curious case of the “Early College” program. It was imposed on faculty, I said, without consultation with the Academic Senate, despite clear expressions of faculty misgivings and concerns on the Senate floor. Early on, stories bubbled up of problems with the program, and they persisted. By early last Fall, owing to continual reports of trouble, the IVC Academic Senate decided to form a committee that organized a survey of faculty participants in EC. Finally, at the end of Spring semester, the results of the survey were revealed, and they were scathing. The committee offered a set of strong recommendations, but the matter was (unavoidably) put off until this Fall.
     Nevertheless, during the summer, IVC administrators attended a board meeting in which they portrayed the “Early College” program as a blazing success.
     During the discussion, we had occasion to characterize the politics of the board and the looming circumstance that, in a couple of weeks, the fate of the district will be determined, for either Mr. Wagner—described by some as a crucial “swing vote”—would be replaced by a faculty-friendly candidate or by a candidate likely to fall into Mr. Fuentes’ orbit. The latter outcome would likely thrust the district and its colleges into the bad old days of severe micromanagement and Neanderthalic anti-faculty policies.
     I opined that the district is at the mercy of the curiously violent struggle between the board’s two dominating members, Wagner and Fuentes, who had a terrible falling out a year ago over Wagner's decision to pursue the firing of Chancellor Mathur.
     The direction of the board, I said, is to an extent determined by this great quarrel and its aftermath. I do believe I used the word “ruthless” in describing these guys and, to an extent, top administrators.
     Well, no doubt I’ve left out a few things, but those were some of the discussions. It seemed to be a good meeting: many spoke and offered their honest opinions.
     My congrats to Lisa DA for a successful meeting!

So much for an independent review!

Williams: sleazy from the start
     Oh boy. Things just get wackier and wackier down at the county.
     The Supes were pressured to pursue a review/investigation of John Williams’ PAPG office, using an outsider—perhaps a judge or lawyer familiar with probate law, conservatorship, etc.
     Well, they seemed to do that. Not long ago, we learned that Attorney Tim Kay was brought in and had already started a review, and, soon (this week) he would be formally hired.
     That sounded great, except that we also learned that it would be a rush job—done in 45 days—and, more importantly, that the report would be “confidential”: it would fall within attorney-client privilege.
     Translation: the public might never learn what Kay discovered about Mr. Williams and his questionable actions as OC PAPG. It would be up to the Supes to explain Kay's review, and those five Republicans, four of whom share the same attorney (i.e., Williams' attorney), are hardly trustworthy.
     Well, then came this: today, the OC Reg reported (Attorney no longer reviewing public guardian) that
     Results of a much-anticipated review of the county’s Public Administrator/Public Guardian will be delayed at least a month after a $45,000 proposed contract to hire an attorney to conduct the review was yanked from Tuesday’s Board of Supervisors agenda.
     Attorney Tim Kay, a partner at Snell & Wilmer, who has expertise in conservatorship issues, had already begun work on the review, which centered on investigating allegations the Public Administrator/Public Guardian is unnecessarily taking control over people’s estates to make money,
     But on Monday county officials decided they were going to go in a different direction, said the county’s Assistant Chief Executive Officer Rob Richardson.
     Different direction? The Reg guesses that the different direction is this:
the review will be much more transparent than having it done by an attorney. Kay’s report was to be confidential and protected by attorney-client privilege, according to the proposed contract. ¶ For now, county staffers from the CEO’s Office are continuing with the review, Richardson said.
     OK, so the review won’t be performed by an outside, independent party after all. It will be performed by “county staffers.”
     That stinks.
     Looks like Kay will be paid for his work thus far, and his “information” will be somehow tacked onto the review being performed by staffers.
     Says the Reg, County CEO Mauk told the Supes that “With delays and adjustments to the scope of the review, it will likely be between 75 and 90 days before the review is finished.”
     The Reg notes that Williams has hired his own attorney, Phil Greer, to represent him through this process:
Well-connected in Republican political circles, Greer has represented four of the five current members of the county board of supervisors and Treasurer-Tax Collector Chriss Street. ¶ Supervisor John Moorlach is the only one who has not retained him.
     It just gets uglier and weirder, weirder and uglier.

When Pokey killed Gumby

Why Wall Street has turned on for-profit colleges (California Watch)

Dozens killed by incorrectly placed acupuncture needles (Guardian UK)

Pancake breakfast goes terribly wrong (Irvine WN)

Monday, October 18, 2010

More info on the review of Williams' county office (plus Hair™)

John Williams and his hair ∞
$45,000 to review public guardian, TapouT sale (OC Reg)

      The county plans to spend $45,000 to investigate allegations that one of its agencies is unnecessarily taking control over people’s estates to pad its own coffers, including taking aim at the $15 million estate of Charles “Mask” Lewis Jr., the co-founder of TapouT, a mixed-martial arts clothing line.
      Public Administrator/Public Guardian John S. Williams and his agency, which oversees $38 million in estates and the lives and deaths of more than 1,000 people every year, is the target of the county’s review.
      Criticized in two Orange County grand jury reports in 2009, the Public Administrator/Public Guardian’s Office was back in the spotlight in August when then-Assistant District Attorney Todd Spitzer, thought by many to be in line to become the next district attorney, was fired after he began looking into allegations a conservatorship case was being mishandled by the agency. Supervisor Pat Bates, who last year allowed Williams a little breathing room to correct the critiques of his office, has now asked for a county review of how the once little-known county agency liquidates the assets of large estates.
. . .
Williams and Hair™
      The review, being done by Tim Kay, a local attorney with expertise in conservatorship issues, is under way....
      Kay’s report, which will be confidential, will be handed over to Orange County Chief Executive Officer Tom Mauk by Oct. 29 with any necessary revisions, according to the proposed contract.
 . . .
      Williams, who was re-elected in June for another four-year term, has hired his own attorney, Phil Greer. Well-connected in Republican political circles, Greer has represented four of the five current members of the county board of supervisors and Treasurer-Tax Collector Chriss Street.
      Kay’s proposed contract lays out the review’s narrow scope, which focuses on whether the PA/PG is manipulating the number or kinds of conservatorships it takes on or if it is unnecessarily taking over estates or conservatorships to make money.
      Among the cases to be looked at involves Ruth Hull-Richter, whose 92-year-old mother is in the midst of a PA/PG elder abuse investigation....
      The county also wants Kay to look into how Williams handled the estate of Lewis, who parlayed his company, TapouT LLC, into assets reportedly worth as much at $15 million....
      The mother of Lewis’ two children petitioned to administer Lewis’ estate in April 2009. Williams filed his own petition, arguing he was better suited to handle the large, “complex” estate than Larson, who lives in Illinois with the children.
  . . .
      Williams argued that a section in the probate code gave the court the discretion to appoint as the estate’s administrator either the minors’ guardian or “another person entitled to appointment.”
      But the probate code also establishes a list of priority of those entitled to be appointed. Heirs are at a higher priority than the public administrator, according to the probate code.
      An Orange County Superior Court judge sided with Williams and appointed him the administrator of Lewis’ estate. That decision was overturned in May by the 4th District Court of Appeal, which accused the judge of abusing his discretion by awarding the estate to Williams.
      “Children are second in the order on the priority list, compared to the public administrator in 16th place,” read the May 2010 appellate decision.
      TapouT, which made just under $200 million last year hawking everything from T-shirts to $900 beds, was sold last month to a Toronto-based company. Kay is also charged with looking into the sale of the company.

John was the worst of the four, remember?

Roy's obituary in LA Times and Register: "we were lucky to have you while we did"

  This ran in the Sunday December 24, 2023 edition of the Los Angeles Times and the Orange County Register : July 14, 1955 - November 20, 2...