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Unanimous vote of Carson City Council to silence the TRUTH
 
I am sharing this with all of you because it is not just an attack on Carson Connected and me, but because it is Carson Connected today and it could be you and your neighbor tomorrow.

I've lived in Carson since 1960, I grew up and went to school in Carson and I love and care about the people and this city. I started Carson Connected to inform Carson residents about issues that affect our lives.  But, when our city officials have the arrogancy to attend town hall meetings and hear the over whelming wishes of the residents only to vote against them, to publish an article with a photo that offended a large segment of our residents, to insult people that come up to speak before them. Than to use the city attorney office whose pay comes from our tax dollars to try and intimidate and deprive me of my First Amendment Right the Freedom of Speech and you from the truth is going too far.

On April 2, 2018 I received an email with the subject as " Libelous Publication/CEASE AND DESIST " from the City of Carson's Law office of Aleshire & Wynder, LLP signed by the City of Carson's Attorney Sunny Soltani. Below I detail the false statements made by the city attorney in her/council's attempt to bully me out of my First Amendment right the right of Freedom of Speech.
CEASE AND DESIST

"You are hereby ... demanded by the unanimous Carson Council to within 48 hours of receipt of this letter to CEASE AND DESIST any further libelous publication and remove any previous libelous publications posted on the Carson Connected website, any subsidiary or connected sites,or any other website or web page that you maintain."

City Attorney Sunny Soltani references California Civil Codes and case files to support the Cease and Desist all of which are referring to false statements. The statements City Attorney Sunny Soltani is referring to are true and correct. Below are examples.

"You are alleging that the Council has twice violated the law. This is not true and your persistent assertions indicate a fundamental and willful disregard for the law on your part."

Telling the truth is not a willful disregard for the law! Look at the court documents below from the hearing District Attorney of the Los Angeles County v. Albert Robles you will see Albert Robles' willful disregard for the law. You will see how Albert Robles much like Sunny Soltani in the Cease and Desist I received has omitted, manipulated, and misrepresented the facts. You will see how city resources (taxpayers money) is being utilized to assist Albert Robles in continuing to hold two incompatible elected offices.

Tentative Ruling filed February 27_ 2018
Final Ruling Filed April 18_ 2018

The final ruling of the judge on April 18, 2018 is as follows: "The Complaint for quo warranto is granted." The judge did not grant Robles' request for a stay of the judgment against him removing him from office pending appeal. "Robles is removed from the office of WRD director... Judgment is set for May 29, 2018 at 1:30 pm."
 
For 5 years Albert Robles has refused to abide by the law, when he accepted the position as council by law he needed to resign the WRD seat. For 5 years, Albert Robles has robbed the City of Carson even in the case of an emergency its right to place a moratorium on oil drilling, conducted the illegal appointments of people to elected positions, conducted illegal council meetings (see below District Attorney letter regarding June 12, 2015 illegal council meeting and a ppointment  of elections clerk), and going against the wishes of the people every step of the way.
Link to District Attorney letter regarding June 12, 2015 illegal council meeting

June 12, 2015 Council Meeting

"The proceedings which lead to the selection of Councilman Hilton to serve as Mayor Pro Tempore for the City of Carson were legally permissible and valid Council actions... This provision does not establish requirements, conditions, qualifications, or any other substantive obligation for the selection of the mayor pro tempore, but simply sets the date for making such a selection."
 
The one thing the ordinance does call for is the date and they did not abide by it. As such, they did not follow the Carson Municipal code.
 
"It is generally recognized that a council may abolish, suspend, modify, or waive its own rules."
 
This statement would be true if city council followed state law and city ordinances. There is a process and based on that process the appointment of Jawane Hilton as Mayor Pro Tempore violated the Carson Municipal code.
 
On January 23, 2018, Carson city council voted to changed the date of selection of Mayor Pro Tempore to be the second regular council meeting in January of each year.  On that date, Carson municipal code called for the Mayor Pro Tempore to be selected the second regular council meeting in March of each even numbered year.  That same night in January two months prior to when the municipal code calls for the selection, council selected Jawane Hilton as Mayor Pro Tempore.

The second reading took place on February 20th, and on March 8, 2018, the ordinance went into effect, more than a month after they made the selection. Based on the new ordinance a new Mayor Pro Tempore is not to be selected until the second meeting in January 2019. 

Link to complete ordinance
 
"The proceedings which lead to the appointment of Mr. Hilton to the City Council for the City of Carson were also legally permissible and valid Council actions."
 
Incorrect in the letter from the district attorney's office regarding the appointment of Jawane Hilton to the vacant council seat clearly states the appointment was not legal.
Link to District Attorneys letter regarding the illegal appointment of Jawane Hilton

Video Highlights from June 16, 2018 Council Meeting
Various Speakers
Charles Davis
Jim Dear 
Albert Robles does not live in Carson

Entire Council Meeting
   
"This letter, and the legal precedents cited herein, are further notice to you that the City Council's appointments of Mayor Pro Tempore/Councilman Hilton were legally permissible and valid exercises of the Council's authority."
 
Neither the first appointment of Jawane Hilton as councilmember nor the selection of Jawane Hilton as Mayor Pro Tempore followed the order of city or state law.
 
First appointment of Jawane Hilton
 
As determined by the District Attorney's office the first appointment was not legal. However, because he stepped down prior to the District Attorney's determination and stepping down is what the law requires no further action was required.
 
It was months after the determination of the District Attorney's office that a complaint was sent in because it seemed the illegal appointment was to defraud the State of California and the residents of Carson. Council did not have the votes to appoint Jawane Hilton by the deadline; the state would have forced a special election, giving the people of Carson the power to elect their choice. Instead, they appointed Jawane Hilton someone who has voted against the residents wishes and has aligned himself with Albert Robles a man who time and time again has shown a willful disregard for the law.
 
June 2, 2015 Municipal Election Timeline
Not only was the appointment illegal but everything about the June 2, 2015 Municipal Election has problems hopefully Justice Department has taken up the case.
   
June 2, 2015  The City of Carson held a Special Municipal Election.
 
June 12, 2015  City council held illegally council meeting and voted to replace Jim Dear  as election clerk with Charles Davis.
 
June 13, 2015  Jim Dear entered city hall, took sole possession of the live ballots, and changed the combination to the vault.
 
City council in turn had the locks at city hall changed, once again breaking the chain of command on our live ballots.
 
June 16, 2015  City Council acknowledged Jim Dear as the elections clerk.
 
June 20, 2015  City council illegally appointed Jawane Hilton what seemed to be to avoid the state forcing them to hold a special election for the seat left vacant by Albert Robles when he was appointed mayor.
 
June 25, 2015  Deadline to appoint for seat left vacant by Albert Robles.
 
July 14, 2015  The election was certified; Jawane Hilton was announced winner by 18 votes.
  _________________________________________________________________________

Below is the email Carson City Attorney and Council is trying to stop.
Is the Mayor Pro-Tempore appointment in preparation for Robles' court date?
 
 DISTRICT ATTORNEY OF L A COUNTY VS ALBERT ROBLES
Case filed on 1/25/2016 Hearing--Writ of Mandate
Case Number:  BC608075

February 27, /2018 at 1:30 PM
LA County Superior Court
Department 85
111 North Hill Street, Los Angeles, CA 90012
 
Will Mayor Albert Robles be allowed to select his punishment and resign his seat as mayor?  Based on council's actions it may be true.  According to the District Attorney, the law calls for the forfeiture of the first seat held, after the last election Albert Robles was sworn in to the Water Replenishment District prior to being sworn in as mayor.  

A letter was sent to the District Attorney's office requesting they uphold fair and clean government and that Robles be held to the letter of the law the same way we would expect it for all.

Is Councilman Hilton and not Councilwoman Lula Davis-Holmes the person big business wants to give us for our next mayor?  Do we get to pick the Mayor and elected officials that we want? Will we once again be manipulated into accepting what the big businesses feel will better serve them? 

On January 23, 2018, Jawane Hilton for a second time went against the Carson Municipal Code and accepted an appointment to a council seat.  On that date and today the Carson municipal code calls for the Mayor Pro Tempore to be selected the second regular council meeting in March of each even numbered year.  After appointing Mr. Hilton as Mayor Pro Tempore, city council changed the date of selection to be the second regular council meeting in January of each year. 
 
The second reading took place on February 20th, and shall be in full force and effect thirty days following its adoption and second reading.  This ordinance is not in effect until March 8, 2018.  Based on the new ordinance a new Mayor Pro Tempore is not to be selected until the second meeting in January 2019.  Therefore, Jawane Hilton needs to take his ill-gotten council seat and Councilwoman Lula Davis-Holmes resume in her legally gotten appointment to the seat of Mayor Po Tempore.
 
Below is text taken from the cities staff report:

Councilman Hilton's first illegal appointment was on June 16, 2015 detailed in this letter from the District Attorney's office. 
_________________________________________________________________________
In case  you missed it

Did Carson Officials Conspire to Obstruct Justice?

While the District Attorney's office case against Albert Robles for holding two incompatible offices approaches Carson City Council votes to exonerate themselves of that very crime, which they state in this video they are presently committing.


Ordinance as presented to public

Would the City of Carson be better served by a Mayor that is not serving two masters?  We want to hear from you lnoflin@carsoncaconnected.org
 
The People of the State of California on the Relation of the
DISTRICT ATTORNEY OF THE LOS ANGELES COUNTY, Petitioner,
v.
ALBERT ROBLES, an individual, Respondent
CASE NO. BC 608075
Related to Case No. BC642232
Assigned to the Hon. James C. Chalfant
NOTICE OF HEARING
Date: January 25, 2018
Time: 9:30 a.m.
Department: 85
 
We urge you to read the complaint filed against Albert Robles and judge if the rights of the Carson residents have been trampled on since he took office.  Click on document below to access complete complaint.



Excerpts from the District Attorney's complaint:
I. INTRODUCTION
The District Attorney brings this extraordinary writ in Quo Warranto against Albert Robles ("Robles") under Code of Civil Procedure 802-811, because Robles simultaneously holds the elected offices of Director of the Water Replenishment District of Southern California ("WRD") and Mayor of the City of Carson ("Carson"), in violation of Government Code 1099. Based on the powers and jurisdiction of the offices, there is a potential for a significant clash of duties of loyalties between the offices. The opportunities for conflict between the WRD and Carson derive from their legal status and statutory powers as government agencies under California law - the conflicts are, in orther words, formal and institutional. Robles was elected as a Director of the WRD in November 1992, and has continuously held such office, either through election or appointment, through the present. The District Attorney seeks a judgment to remove Robles as a Director of the WRD, as the office first held. I(Declaration of Marian M. J. Thompson.

As the Attorney General ("AG") has repeatedly held in an unbroken line of authority, the offices of city councilmember and water district board member are incompatible when the jurisdictions of the two entities overlap each other. The jurisdiction of the WRD and Carson overlap. The WRD manages groundwater for nearly four million residents in 43 cities of southern Los Angeles County. The WRD created five Divisions of representation for each director. Robles represents Division Five, which includes the cities of Bellflower, Carson, Compton, Downey, La Habra Heights, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, and Whittier.

In order to trigger the doctrine of incompatible offices, requiring the ouster of a public official from the office first held, it is enough that there is a "potential" for a significant clash of duties and loyalties between the two offices at some point in the future. The public need not wait until such a clash occurs. A person who is both a director of the WRD and a city councilmember in the same district may find a conflict between action which is in the best interests of the WRD and action which is in the best interest of the city. As illustrated herein, the potential" for a significant clash of duties exists between the two offices under multiple scenarios.

II. FACTUAL BACKGROUND
a. The WRD is a Special District Created to Manage the Central and West Coast Basins
The WRD is a special district created in 1959, and codified in 6000, et seq. of the California Water Code... Prior to its creation, groundwater was produced from the Central and West Cost Basins ("Basins") by municipal and private pumpers who provide water to residents and businesses in amounts that greatly exceeded natural replenishment, creating a condition known as "overdraft." The "overdraft" caused a drastic decline of the groundwater table and the intrusion of seawater. The WRD was created to manage and protect the Basins...

The RA is one of the single largest cost factor of groundwater for groundwater producers in the Basins. A series of audits by the State Auditor between 1999 and 2004 criticized the WRD's excessive RA rates, wasteful spending, and excessive reserves... However, the suits did nothing to prevent the RA rate increases since 2001. The WRD has increased the RA by more than 100% between 2005-2017.
This raises a potential for a significant clash of duties and loyalties because Robles approves the annual RA as a director of the WRD assessed against all groundwater producers; the RA is passed through to Carson by its water servicers on a dollar for dollar basis, which has led to rising water rates for consumers; and Carson residents and/or public officials could object to the RA at the WRD's annual rate setting hearing, or sue the WRD for wasteful spending and effort to reduce the water rates charged by their water servicers.

In May 2010, the WRD adopted a resolution which levied an increased assessment, or "pump tax," on the production of groundwater for the 2010-2011 fiscal year...

In August 2010, the cities of Cerritos, Downey, and Signal Hill filed a petition for writ of mandate against the WRD under Proposition 218, challenging increased RAs on the grounds that it is a property-related fee subject to Article XXIII D of the California Constitution, and the result of excessive and out of control spending by the WRD...

In April 2011, the Court Granted the petition for mandate, having ruled that Proposition 210 applied to the RA, as a property-related fee, and ordered the WRD to vacate the RAs it imposed over the past four years, and to comply with the provisions of Article XIII D before imposing any new RA.
On July 5, 2011, Robles, as a WRD director, met with Carson City Mayor Jim Dear to discussd "city and WRD isues." On August 2, 2012 Robles, as a WRD director, met with Carson City Mayor Jim Dear again in Carson for an "update on WRD Matters," and to discuss matters impacting Carson.
In a May 29, 2012 WRD press release regarding the Proposition 218 lawsuit, Robles acknowledged, "Unfortunately, it's the ratepayers including Carson.

In September 2012, in related cases brought by Tesoro Refining and Marketing Co.("Tesoro"), with operations in Carson, and the Central Basin Municipal Water District ("CBMWD") against the WRD, the Court granted the petitions for mandate, having ruled that Proposition 218 applied to the RA, and ordered the WRD to vacate the RAs, and to comply with the provisions of Proposition 218...
On October 16, 2012, after suffering repeated defeats in court the Proposition 218 litigation, Robles, in his role as President of the WRD board, made a PowerPoint presentation before the Carson City Council to discuss the impact of the Proposition 218lawsuit on Carson... H then attempted to interfere with Carson's professional relationship with its City Attorney...

Robles concluded his presentation, "It's costing the Water Replenishment District money and it's costing Carson residents money today. But if they're successful, it's going to cost arson residents a lot more money in the future... Although Robles was not a sitting councilmember, Robles' lobbying efforts as a WRD director in Carson highlight the potential for a significant clash of duties and loyalties between both offices. Robles cannot serve two masters and remain neutral.

The city litigants settled the Proposition 218 lawsuit with the WRD... The Settlement Agreement may not have been in the best interests of Robles' constituents in Carson.
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There are many other issues important and deserve the attention of our city officials and citizens.  

One of which is the unsolved case of
Michele Kelly-Love and Jordan Love. 

Carson Connected | lnoflin@carsoncaconnected.org | 310 496-7501 | carsonCAconnected.org

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