Today, I reported the following health status report to reporters who specialize in corruption.
There is something seriously wrong in Baldwin Park. In less than eight days, the City Manager Vijay Singhal, being advised by his City Attorney Joseph Pannone, engaged in 12 violations of the law. As a concerned citizen and an attorney at law, I’ve began making public records request. The City of Baldwin Park has been sued once and found to be in violation of not complying with the Public Records Act.
It was ordered to pay the Silverstein Law Firm approximately $60,000 in attorney fees. Obviously, it hasn’t learned because it is still in continuous violation of the Act under the governance of Chief Executive Vijay Singhal, picture on the left. Read about the violations and the underlying reasons that I’ve made these requests.
1. On August 5, 2013, I received a public record request asking for fourteen more days without giving an explanation. This is in violation of the Procedural Due Process Clause and Govt. Code Section 6253. Therefore, I should have received my records in the ten day timeframe. I have not. Finally, I asked for a specific record. Instead, the City gave me a hundreds (if not a thousand) electronic pages to sift through. That amounts to four violations of law.
2. On August 5, 2013 the Mayor Lozano was in receipt of my email about the violation of law. He said he’d fix it.
3. Later on August 5, 2013, after “fixing” the problem, Singhal’s office engaged in two more violations of law. One, it gave the reason that it needed 14 more days because it was short staffed. This is NOT one of the enumerated exceptions allowed under Govt. Code Section 6253(c). I pointed this out to the politicians and to the City Manager. This now amounts to six violations of law.
4. The City Attorney, Joseph Pannone contacts me about the Public Records Act. Remember; Councillor Marlen Garcia said she'd have her City Attorney contact me. I was less than impressed with him when he engaged in aiding the violation of the Public Records Act and committing libel per se.
The City Attorney refuses to comply within the timeframe. He does not explain to me which exception the City is using to stall its request. In fact, I explained to Attorney Pannone that if they are short staffed they need to hire temporary staff to comply with the law, until a permanent staff could be hired. At the end, he writes an email to me that I was a stalker (which I have never done; therefore, as an agent of the City he has opened the City up to liability under the theory of libel per se). I called a former staff ONCE to ask questions. Stalking requires repetition. Even a common person or law student knows this.
This is another three violations of law. The City has racked up nine violations of law at this point.
5. On August 9, 2013, a staff member receives a letter that her claim was denied because she didn’t meet the statute of limitations. Vijay Singhal intentionally misrepresented the law because under the Govt. Code, a breach of contract claim has a statue of limitations of one year; not six months. (See Myra Smith Letter below). This is the tenth violation of law.
6. On August 13, 2013, I receive my request for records. Unfortunately, Vijay Singhal failed at this too. I requested all documents that reflect leave for the HR Manager’s absences. He provided me a doctored document without any original or underlying document. Even then, my findings show that this HR Manager, who makes $100,000 a year, takes off an excessive number of Mondays and Thursdays. (See bottom of post for proof.) Since City Hall is closed on Friday, the HR Manager is essentially having an excessive number of four day holidays. Must be nice on $100,000. That’s the eleventh violation of law.
7. On August 13, 2013 I made a request for physical viewing of the records. The secretary is absent all week. The City Manager refuses to respond to my emails. That’s the twelfth violation of law.
These violations of law arose from my Public Records Request and the staff's breach of contract. It makes me wonder how many more violations of law have occurred all year around.
These Public Records Requests were made because of the evidence of corruption we have found. I organized the boxing club, comprised mainly of teenagers, to stand up against the City, which was continually cutting our program. We only asked for $1,500 a month. This is what we ended up finding, though:
1. City Manager Vijay Singhal attempted to cut staff hours in violation of Congressional Law, so that staff would not receive Obama Care. (Email Posted at the bottom of the post.)
2. Director of Parks and Recreation, Manuel Carrillo Jr., hasn’t given a number of part time staff a review or a raise in ten years, although he makes $160,000-$180,000.
3. Councillor Marlen Garcia had her daughter (this year) and son (previously) hired at Parks and Recreation, and her children made more pay than my boxing coach, who been working there for fourteen years.
4. The City has a routine practice to send out code enforcement or the police against citizens who speak out against the public officials at City Hall.
5. City Manager Vijay Singhal, Chief Lili Hadsell, and HR Manager Leticia Llara had the Chief of Police (through her lieutenant) call me because I was asking former employees about the corruption in the City in violation of the First Amendment. See http://alchemistcook.blogspot.
6. When I tried to file a complaint against HR Manager Leticia Llara, she called the police and had me arrested (although briefly), again, against my First Amendment Rights. She also pressed the “panic” button, which was supposed to alert the police force to surround the building and have guns pointed at me. Fortunately for me, the button wasn’t working that day.
Something is seriously wrong in Baldwin Park.
On the other hand, I've been very encouraged that people are telling me that my blog reads like a television script and that people want to know what happens next. I don't actually know what's going to happen next. But hey - it all seems rather interesting to me.
Here are some letters you may find interesting that I wrote to the City and the San Gabriel Valley Tribune.
Letter 1 - Letter to City Attorney and City Manager For Intentional Misrepresentation of the Law
Paul Cook
8/12/2013
[redacted]
Re: Vijay
Sinhal’s Violation of Due Process and California Law
Dear Mr. Singhal and Mr. Pannone:
This letter is here to inform you that the City has violated
the Due Process Rights of Myra Smith, misstated law, and has a committed a tort
pursuant to Government Code Section 911.2.
In a letter dated to
her on August 1, 2013, from Vijay Singhal’s department, the City denied Ms.
Smith’s claim of breach of contract. (Ms.
Smith is also alleging racial discrimination, which is being reviewed currently
by the Equal Employment Opportunity Commission.)
Even after having Ms. Smith suffer from discrimination,
fraud, and a breach of contract, Mr. Singhal has refused to review these
allegations. The City rejected Ms.
Smith’s claim because it stated that the statute of limitations of six months
has run. It then cited that she review
Government Code Section 911.2. (911.2.)
I believe Mr. Singhal and Mr. Pannone are the ones that are
in serious need of reviewing 911.2. The
relevant part states, “A claim relating to any other cause of action shall be
presented . . . not later than one year after the accrual of the
cause of action.” The six month
provision applies only to torts. Ms.
Smith alleged a breach of contract, which is not a tort. Hence, it is “any other cause of action;”
hence, she has one year to file her claim.
Please also see the California Court website that paraphrases the code
in lay language. http://www.courts.ca.gov/9618.htm
Ms. Smith alleges the breach occurred on August 1,
2012. Ms. Smith filed her claim on July
31, 2013. Therefore, she met the one
year statutory deadline.
As an attorney, I am astonished at this misinterpretation of
law and the continual practice of doing this.
In this instance, Mr. Singhal has committed gross negligence, if not intentional
misrepresentation and fraud.
As a concerned citizen, this behavior shows this
Administration’s habitual practice of taking advantage of those who live in
poverty and have not pursued a higher education, though in this case, Ms. Smith
has a bachelors degree. These practices
need to stop. They are illegal.
The Due Process of Law requires that this Administration
review Ms. Smith’s claim. The fact that
it was mistakenly rejected is also a violation of the Fourteenth Amendment’s
Due Process Clause because it appears that Mr. Singhal misstated law so that he
would not have to review Ms. Smith’s claim.
Because she has met the statutory deadline, he must now do so to ensure
procedural and substantive due process.
I am asking that Mr.
Singhal please review Ms. Smith’s claim.
As all of you are aware, Baldwin Park has committed seven of violations
of law with me regarding a Public Records Act Request I made within a period of
less than four business days. I am
respectfully requesting that this Administration become compliant with California
and Federal Law, as it seems to be in the habit of not being deferential to it. There are limits to executorial discretion.
This letter will be made open to the public on a later date.
Yours truly,
Paul Cook
The “Boxing Lawyer,” Attorney at Law, and Concerned Citizen
Letter 2 - Letter to San Gabriel Valley Tribune
Paul Cook
[redacted]
8/13/2013
[redacted]
Letter 2 to the San Gabriel Valley Tribune On Unprofessional Journalism
Dear Mr. Ron Hasse and Michael Anastasi:
I am writing this letter to express my great
disappointment in your last article at the San Gabriel Valley Tribune (SGVT)
dated on August 10, 2013, titled, “Baldwin Park councilmember targeted by
women's group for calling colleague an 'ass'.”
On August 8, 2012, the same author of the August 10th article also wrote
a story titled, “Skateboarding dog up for adoption in Baldwin Park.” Although I thought the advertising in your
newspaper of sexist establishments was bad, this is worse. Truly, the SGVT has reached an all time low
in its standards.
I read once in the British Economist, that the true
aim of any journal is to raise issues for the community to have a discussion
with itself. Although skateboarding
puppies are cute and hearing council members demand apologies for being called
an ass can be perceived as amusing, Baldwin Park has much more serious
issues. And the SGVT is not the Jerry
Springer Show. These two pieces have only
prompted one conversation from me: What is going on with the integrity and
quality of the San Gabriel Valley Tribune?
I’ve had other concerns with the integrity standards
of the tribune when it has come to Marlen Garcia. Whenever “pro-Marlen Garcia” stories are
published, it is by a reporter named Maritza Velazquez, who I’ve heard is
alleged to be her cousin. Yet, when
“con-Marlen Garcia” stories are published, they are published by the
unknown. Take for instance, the story on
8/29/2011, titled, “Baldwin Park councilwoman's [Marlen Garcia’s] daughter
cited for driving without a license.” It
has no author listed.
Regardless of Marlen’s political or financial ties
to the SGVT, your newspaper has a responsibility to ethical journalism. This Jason Henry has obviously not been
paying attention to the hot topics that have erupted in the city. One example is the staff uprising against the
Parks and Recreation Director, Manuel Carrillo Jr. and City Manager Vijay
Singhal. The two attempted to cut staff
hours so they would not receive Obama Care.
An email was intercepted to prove this. Another example is that boxers of Baldwin Park called for the
resignation of Council Member Marlen Garcia, Mayor Pro Tem Raquel Monica
Garcia, and Mayor Manuel Lozano. Another
issue is that at council meetings, a number of people, including myself, have
been retaliated against for their exercise of Free Speech. In my case, the Police Chief Lili Hadsell and
City Manager Singhal, through her agent, gave me a phone call to stop my
investigative questions. Mr. Singhal was
also accused of violating a staff’s Due Process Rights, when he placed an
employee – a single mother, on administrative leave without giving her a
hearing. His reason was that she
allegedly committed a crime three years ago, which is passed the statute of
limitation date.
All of these stories can be read on my blog:
http://alchemistcook.blogspot.com. Since
The Boxers’ fight against City Corruption on June 19, 2013, my blog has
received over 8,000 hits across the world and will soon be breaking
10,000. The reason that this blog has
become so popular is that it reports the truth and prompts discussion amongst
the global community. Although I never
intended for this to happen with my blog, it is thriving because the SGVT is
not doing its job.
Although Ricardo Pacheco has shown sympathy to The
Boxers’ cause, we are seldom in dialogue.
Therefore, he has not put me up to this, and if anything, I chastised
him for his behavior in calling Marlen an “ass.”
I hope in the future that this newspaper can improve
in its professionalism and the integrity of the stories published.
This letter [has been] made open to the public on a
later date.
Yours truly,
Paul Cook
The “Boxing Lawyer,” Attorney at Law, and Concerned
Citizen
Email 3 - Evidence that Vijay Singhal and Manuel Carrillo Attempted to Cut Staff Hours with Obama Care
To date, I still have not received a full request for my record. So, the City of Baldwin Park is still out of compliance!
If you want to do something, here's a list of people you can write to. Have your choice.
Politicians
mlozano@baldwinpark.com, mgarcia2@baldwinpark.com, monica_garcia@baldwinpark.
Vijay Singhal and Leticia Llara
llara@baldwinpark.com, vsinghal@baldwinpark.com
San Gabriel Valley Tribune
ron.hasse@langnews.com, michael.anastasi@langnews.com
Join the Fight. Share the story. Do what's right!
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