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Resolution 87044 AMENDING Resolution 86034 Rules and Procedure

3/19/2018

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​This Resolution 87044 is an illegal Resolution.  This matter failed at the February 6, 2018 Council meeting by the following vote (4) Yes (3)No and (1) Abstention.
Council member Dan Kalb proceeded to introduce a subsequent illegal motion that that was approved by a majority of the Council..  His motion not only violated the Ralph Brown Act 54953, but also violated Roberts Rule of Order with regards to Motions and is the governing document how the Council is guided by procedural matters when it comes to motions.

A member of the Public brought this illegal procedure to the attention of the Council President and the Councils Parliamentarian which is the City Attorney both refused to opine in the matter.
I subsequently filed an official Complaint on February 8, 2018 with the following enforcement entities:  Alameda County District Attorney's Office, Oakland's Public Ethics Commission as well as giving the Complaint to the Alameda County Grand Jury.

On February 20, 2018 of the meeting of the Oakland City Council, the approval of the draft minutes of the February 6, 2018 was withdrawn because it did not accurately reflect what happen on the original motion where 25 speakers had spoken; the minutes suggested that they had spoken on Councilmember Dan Kalbs illegal motion. 

Further, it should be noted the date of Resolution February 18, 2018 two days before the Council meeting of February 20, 2018 where the draft minutes of the February 6, 2018 was withdrawn;  Neither does Resolution 87004 include Council President Larry Reid's name as sponsors of the Resolution  which was a point of discussion at the February 6, 2018 Council meeting where the matter failed.

NOTE:  THIS EFFORT IS A DELIBERATE ATTEMPT TO DECEIVE PUBLIC AND PURPOSELY FALSIFY LEGAL DOCUMENTS(I.E. RESOLUTIONS )

"The City Council hereby declares that the proper operation of democratic government requires the public officials are bound to observe, in their official acts, the highest standards of performance and to discharge faithfully the duties of their office... Recognizing the PUBLIC INTEREST must be their primary concern, their conduct in both their official and private affairs should be above REPROACH."

​The City Council violates Roberts Rules of Procedures after the Original proposed  Motion was defeated at the February  6, 2018 City Council meeting.

See Chapter 10 of Roberts Rules of Order attached  and the legislative history through March 6, 2018 and  how the Council is trying to illegally  attempting to deceptively manipulate the MOTION process according to ROBERTS RULES OF ORDER.
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Addendum to Complaint files February 8, 2018

3/7/2018

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​At the meeting of the Oakland City Council of March 6, 2018, the City Clerk presented a revised/corrected draft of the minutes of the Oakland City Council meeting of February 6, 2018.  The reason for this additional corrected draft, related to an agenda item 11 which was the source of contention at the Council meeting of February 20, 2018.  This was a proposed Council resolution to amend the Council Rules and Procedures [Rule 4 and 7.6].

Because the draft minutes of February 6  was presented at the February 20, 2018 Council meeting for approval , it did not reflect the total action of the Council on February 6, and inadvertently did not reflect the FAILED Original motion to which twenty-five(25)members spoke.  A subsequent illegal motion was presented by Councilmember  Dan Kalb  following the FAILED Original motion which was neither a substitute motion nor an amended motion.  The Public was denied an opportunity to speak on Kalbs illegal motion which violated the Ralph Brown Act that provides an opportunity for public participation.  Additionally, Kalbs motion violated Roberts Rules of Order related to how motions are introduced ..  Roberts Rules of Order is the guided document. for which the Council conducts its meetings.

At the Council meeting of March 6, 2018 only five(5) of the eight(8) members of the Council were present.  Agenda item 5 called for the approval of the revised/corrected minutes of February 6, 2018 Council meeting.  The presented proposed Resolution 87044 [amending Rule 4 and 7.6] was not the illegal motion presented by Councilmember Kalb in this draft minutes.  Instead, 87044 was a motion that represented its authors as Councilmember Lynette McElhaney and Councilmember Anne Campbell Washington.  Over the objections of the public [to this glaring misrepresentation of Kalbs illegal motion of February 6, 2018] the Chair of the meeting Councilmember Abel Guillen preceeded with the vote of the Febuary 6, 2018 draft minutes

The vote was Ayes (3) represented by Councilmember Dan Kalb, Councilmember Anne Campbell Washington and President Pro Tem Abel Guillen. The No(2) represented by  Councilmember Rebecca Kaplan and Councilmember Noel Gallo.  Although by the vote count, the motion FAILED because it required at lest four(4) votes for approval of the draft minutes.  Councilmember Guillen along with the Parliamentarian(the City Attorney) indicated the motion passed.

It should be further noted, although the proposed Resolution 87044 did not represent Councilmember Dan Kalbs illegal  motion  he introduced at the February 6, 2018 meeting he knowingly voted to approve this draft minutes.

The enclosed KTOP Disc of the recording of the Council's meeting of March 6, 2018 [review agenda it five(5) the revised/corrected draft minutes of February 6, 2018].  This action approved by Councilmember Guillen and City Attorney Morena is not only unlawful and illegal but reprehensible as well.  It should be NULLIFIED.
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Resolution 87044 AMENDING Resolution 86034 Rules and Procedure

3/5/2018

0 Comments

 

This Resolution 87044 is an illegal Resolution.  This matter failed at the February 6, 2018 Council meeting by the following vote (4) Yes (3)No and (1) Abstention.

Council member Dan Kalb proceeded to introduce a subsequent illegal motion that that was approved by a majority of the Council..  His motion not only violated the Ralph Brown Act 54953, but also violated Roberts Rule of Order with regards to Motions and is the governing document how the Council is guided by procedural matters when it comes to motions.

 A member of the Public brought this illegal procedure to the attention of the Council President and the Councils Parliamentarian which is the City Attorney both refused to opine in the matter.

I subsequently filed an official Complaint on February 8, 2018 with the following enforcement entities:  Alameda County District Attorney's Office, Oakland's Public Ethics Commission as well as giving the Complaint to the Alameda County Grand Jury.

On February 20, 2018 of the meeting of the Oakland City Council, the approval of the draft minutes of the February 6, 2018 was withdrawn because it did not accurately reflect what happen on the original motion where 25 speakers had spoken; the minutes suggested that they had spoken on Councilmember Dan Kalbs illegal motion. 

Further, it should be noted the date of Resolution February 18, 2018 two days before the Council meeting of February 20, 2018 where the draft minutes of the February 6, 2018 was withdrawn;  Neither does Resolution 87004 include Council President Larry Reid's name as sponsors of the Resolution  which was a point of discussion at the February 6, 2018 Council meeting where the matter failed.

NOTE:  THIS EFFORT IS A DELIBERATE ATTEMPT TO DECEIVE PUBLIC AND PURPOSELY FALSIFY LEGAL DOCUMENTS(I.E. RESOLUTIONS )

"The City Council hereby declares that the proper operation of democratic government requires the public officials are bound to observe, in their official acts, the highest standards of performance and to discharge faithfully the duties of their office... Recognizing the PUBLIC INTEREST must be their primary concern, their conduct in both their official and private affairs should be above REPROACH."

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PLEASE NOTE THAT THE DRAFT MINUTES OF THE FEBRUARY 06, 2018 MEETING HAS BEEN REVISED TO REFLECT THE ORIGINAL FAILED MOTION(ITEM 11) THAT WAS INTRODUCED COUNCIL MEMBER MCELHANEY, VICE MAYOR CAMPBELL WASHING AND COUNCIL LARRY REID (SEE VIEW REPORT ATTACHMENT A)  "COUNCILMEMBER PRESIDENT REID REQUESTED TO BE A CO-AUTHOR)


THE REVISED DRAFT MINUTES OF FEBRUARY 06, 2018 COUNCIL MEETING CORRECTLY REFLECTS THE ACTION TAKEN BY THE COUNCIL.

THE ORIGINAL NOTION INTRODUCED BY THE ABOVE COUNCILMEMBERS FAILED BY THE FOLLOWING ACTION  :  AYE (4)  NO (2)  ABSTENTION (1)

ROBERTS RULES OF ORDER PROHIBITS ANY ADDITIONAL MOTION RELATED TO THE FAILED MOTION.  THERE CANNOT BE A SUBSTITUTE MOTION NOR AN AMENDED MOTION ON AN ITEM THAT FAILED.

COUNCILMEMBER KALB WAS ALLOWED BY THE PARLIAMENTARIAN WHICH IS THE CITY ATTORNEY AND PRESIDENT REID TO INTRODUCE AN ILLEGAL MOTION.  WHICH WAS NEITHER AND SUBSTITUTE MOTION OR AN AMENDED MOTION DESPITE OBJECTS FROM THE PUBLIC WHO WERE PREVENTED FROM SPEAKING ON THIS NEW ILLEGAL ACTION WHICH VIOLATES THE RALPH BROWN ACT 54953 AND ROBERTS RULES OF ORDER.

KALB'S ILLEGAL MOTION WAS APPROVED BY A MAJORITY OF THE COUNCIL. THE ACTION REFLECT THE FOLLOWING: AYE (5)  NO(2)  ABSTENTION (1) [SEE REVISED DRAFT MINUTES OF THE FEBRUARY 06, 2018 COUNCIL MEETING]

THE PROPOSED RESOLUTION 87044 AMENDING RESOLUTION 86034 RULES AND PROCEDURES IS ILLEGAL  FOR THE FOLLOWING REASONS:

(1)  EVEN IF IT WERE LEGAL IT DOES NOT CORRECTLY REFLECT THE ACTION TAKEN ON FEBRUARY 06, 2018 BY THE MOTION OFFERED BY COUNCILMEMBER KALB(SEE REVISED DRAFT MINUTES OF FEBRUARY 06, 2018) AND WHAT THE MAJORITY OF THE COUNCIL APPROVED.

(2) PUBLIC COMMENTS WERE DENIED IN VIOLATION OF BOTH RALPH BROWN ACT 54953 AND ROBERTS RULE OF ORDER

(3)THE RESOLUTION FURTHER VIOLATES HOW MOTIONS ARE TO BE INTRODUCED UNDER ROBERTS RULES OF ORDER THE DOCUMENT BY WHICH THE COUNCIL IS GUIDED.

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PEC Complaint no 17-01, mayor schaaf violated city charter

3/4/2018

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    Gene Hazzard

    Don't Be Envious of Evil Men
    1Do not be envious of evil men, Nor desire to be with them; 2For their minds devise violence, And their lips talk of trouble.…

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  • Home
  • Sanjiv Handa
  • Gene's Blog
  • Rotunda RFP
    • Lawsuit against Rotunda Partners II >
      • Facts you should know about the Rotunda Building
      • Facts you should know about the Rotunda Garage
      • Charges in massive investment fraud case
      • Phil Tagami's Obligation
  • Gene Hazzard -Keeping eyes open
    • Hazzard substitution of attorney
    • Public Record Request [PORT] about the $100,000.00 deposit, NO Straight answer.
    • Court Reporter Transcript
    • The Power Broker? >
      • Robert Moses >
        • NY Times February 14, 2007
  • Chronology of Tagami's scheme of Private-Public Partnership with City Projects
  • Another Tagami scheme - Rotunda Building deal
    • Eight Years Later, Tagami Still Hasn’t Started Rotunda Project City Fails to Hold Developer Responsible
    • 1630 San Pablo - Parcel 2
    • Rotunda Building Loan
    • Post -Tagami Failed to Make Payments on Rotunda Development Loan
    • City Urges No Action in Tagami’s Failure to Make Payments on $12 Million Loan
  • Oakland Army Base
    • Port to Give Tagami $600 Million Exclusive
    • OAB - Wikipedia
    • OAB - Military Museum
    • Army Base Gateway Redevelopment Project
    • BAAQMD Comments on Air Monitoring Work Plan
    • Cost Sharing Agreement
    • OAB Rezoning and LDDA update
  • Billboards in Oakland
  • Port of Oakland
  • Oakland Raiders?
  • Who is running Oakland?
    • Jerry Brown
    • Don Perata
    • Judge Robert B. Freedman
    • Jacques Barzaghi
    • Gawfco Enterprises
    • Deception
    • Doug Bloch
    • Phil Tagami >
      • SF Business Times November 20, 2005
      • Rotunda wrestling
      • A conversation with Oakland developer Phil Tagami
      • Audit of $91 million Fox Theater project
      • Tagami Conflict
      • CCIG Response to Oakland Works
      • Oakland developer Phil Tagami named to state medical board
      • ‘Shotgun Phil’ hits another bullseye — with governor’s help
  • CleanOakland Store
  • CenterPoint Properties