Local 11

Some information on the Waller case has been posted online by the Calaveras Enterprise. Read down to the bottom. News never rests, it just snoozes. Buzz Eggleston of The Enterprise.

To read the story itself you will have to get a printed copy of the Enterprise.

Basically what it says is that Waller was given $37,500 but they are not going to tell the people why.

The article says that both parties are prohibited from disclosing the terms “unless required to do so by law” An interesting statement. Basically it’s a “So sue me” thing.

All questions to the county concerning this must go through the County Counsel, and the article explains what you will get.

The article says that both parties are to respond to questions about the matter with, “The matter has been resolved,” as stated in its mutual non-disparagement clause.

What is that I ask?

the act of disparaging.

something that derogates or casts in a bad light, as a remark or censorious essay.

To speak of in a slighting or disrespectful way; belittle.

To reduce in esteem or rank.

1. a communication that belittles somebody or something

2. the act of speaking contemptuously of

1 : the publication of false and injurious statements that are derogatory of another's property, business, or product

aspersion, backbiting*, backstabbing*, belittlement, blame, calumny, censure, condemnation, contempt, contumely, debasement, degradation, denunciation, depreciation, derision, derogation, detraction, discredit, disdain, impairment, lessening, lie, prejudice, reproach, ridicule, scandal, scorn, slander, tale

A lot it seems.

Then the article says that Mr. Waller has a publication ”The Calaveras Guardian,” something I would like to read. According to the article Mr. Waller takes it to the county. Sounds like he is not pulling any punches. Something about that agreement is not making sense.

Of course we also have the Redmond case. The Enterprise is still waiting for information on that one. Mr. Redmond was a senior plan checker who was fired, filed a grievance and got a settlement.

Then we have, Mechanic found not guilty in theft of truck. SAN ANDREAS - A jury Thursday ruled that Calaveras County Public Works Department mechanic Lee Rhodes was not guilty of stealing a 13-year-old... He might have a grievance to file and a settlement to come.

We may not be in Houston, but we still have a problem here.

Who asked for this Non-Disclosure, Non-Disparagement agreement?

The Brown Act among other laws are pretty clear in what is Non-Disclosable.

Don’t need an agreement for that, just follow what the law says. I am not even sure that the county can enter into a non-disclosure agreement in a case such as this. ( The non-disparagement thing is new to me. It looks like nobody can say anything about the case because if they say anything, everybody is going to look bad.)

It is also clear that votes on actions not be secret. Don’t recall seeing a breakdown of who on the board voted to do this or don’t do this. I think they have to announce the vote on any action taken. In open session. ( Went to the county archives on line to find the November 27^th meeting minutes and… they are gone.) http://www.co.calaveras.ca.us/board_docs.asp

In trying to understand this I went to an old friend and asked if he could shed any light on this subject. ( And I mean old. To hear him say it he is older then dirt and has muddied a few waters in his day.)

He explained to me that this is not unusual in government. He said there is a little known law called the Law of Obfuscation. Says it is a federal law that no one can see because of a Non-Disclosure agreement.

It was starting to make some sense.

He explained to me that all a government agency had to do to obey this law was understand what Obfuscate meant. He then went on to explain it to me.

Obfuscate: confuse, disguise, conceal, complicate.

baffle, becloud, befuddle, bewilder, cloud, complicate, conceal, confound, darken, fog, fuddle, muddle, obscure, perplex, puzzle, rattle

And that said it all.

So I asked him if this was something a Grand Jury might look into.

He kind of snickered and told me that Grand Juries were a great thing but when they had a legal question it was County Counsel they turned to. That one sure burst my bubble.

The old boy had a lot more to say but he was getting tired. He said we should do this question and answer thing often. Said it would be like exercise.

Old people are one of our most precious commodities. Old people don’t much care for political correctness. Old people are blunt and to the point.

As I was leaving he said, “I see what I see, I know what I know and I say what I want.”

I liked that. Can’t wait for more talks.

Mike

The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

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