Daily Report

Bay Area residents sue process servers for failing to deliver lawsuits

May 24, 2012, 12:05 AM | Bernice Yeung, California Watch

Brian Turner/Flickr

In February 2011, a process server working for ABC Legal Services filed a document with the Alameda County Superior Court saying he had personally served Fremont physical education teacher Matthew Walker with a lawsuit over an unpaid $2,340.76 personal loan.

In his proof of service, process server Richard Lowry stated that he had handed the papers to Walker at the Fremont Unified School District offices at 3:37 p.m. Feb. 15. But Walker says that he never took out a personal loan, and he was six miles away, coaching a basketball game at Thornton Junior High School, when he supposedly was served. A crowd of students and parents could attest to his whereabouts, he said.

Walker is one of 16 residents from Alameda, Santa Clara and San Mateo counties who recently sued ABC Legal Services. The residents filed 14 separate lawsuits in San Francisco federal court between June 2011 and April 2012, claiming that the firm’s process servers lied about serving court papers in debt collection cases. The lawsuits accuse ABC Legal of the “ignominious and shoddy practice of ‘sewer service,’ ” a colloquialism that stems from reports that some process servers throw court documents into sewers instead of delivering them. Individual process servers are also named in these lawsuits...

Group promoting third-party candidates faces rebellion

May 24, 2012, 12:05 AM | Will Evans, California Watch

plherrera/istockphoto.com

Americans Elect – the innovative effort to jolt the political system with a third-party presidential candidate – is facing a democratic uprising of its own.

A hastily organized contingent of Americans Elect activists is agitating to reverse the group's decision last week to pull the plug on its nomination process after failing to generate sufficient interest in its candidates. Complaining that the group’s leadership hasn't listened to the membership, the insurgents are pushing for Americans Elect to forge ahead. They don't want the $35 million the group raised to get on the ballot in 29 states, including California, to go to waste.

Involved in the effort is a Bay Area activist and filmmaker who ran for the Americans Elect nomination and came in third place, after former Louisiana Gov. Buddy Roemer and former Salt Lake City Mayor Rocky Anderson. Michealene Risley, a resident of Woodside in San Mateo County, said she was shocked when she heard – via press release – that Americans Elect was shutting down the nomination process.

"People feel really used and manipulated," said Risley, who ran on a platform of campaign finance reform...

Workplace fatalities rise in confined spaces

May 24, 2012, 12:05 AM | Bernice Yeung, California Watch

XAOC/Shutterstock

From a Napa winemaker to a paint manufacturing employee in Fullerton, seven Californians died last year while working in a confined space – an uptick in a category of workplace fatalities that are readily preventable, experts said.

“We’ve learned enough over the years that there’s no reason that people should be dying in confined spaces,” said Michael Wilson, director of the Labor Occupational Health Program at UC Berkeley's School of Public Health. 

Confined spaces are enclosed areas that are hard to get in and out of, and they can present health and safety risks, such as limited oxygen supply, toxic chemical fumes, or materials or machinery that could trap workers. These spaces, such as silos or tanks, are not meant for continual employee occupancy. 

Between 2008 and 2010, there were two such deaths each year.

Last year's deaths in part prompted the state Division of Occupational Safety and Health – commonly referred to as Cal/OSHA – to launch a special program in February to step up efforts on training and compliance with state and federal standards related to confined spaces...

Solano County won’t review 300 more autopsies

May 23, 2012, 12:05 AM | Ryan Gabrielson, California Watch

Courtesy of Michael McClure Dr. Thomas Gill, shown in 2004

Dr. Thomas Gill’s forensic pathology career already was scarred by numerous autopsy mistakes before he started ruling on causes of death for the Solano County sheriff-coroner in 2007.

Gill examined 332 deaths for the county in three years. Following a series of news stories last year detailing Gill’s history of inaccurate autopsy findings, Solano County Sheriff Gary Stanton ordered an outside review of 32 of the cases. The results were alarming: A respected forensic pathologist determined Gill’s conclusions on eight of the deaths were “unreasonable” and more than half had “critical errors.”

The sheriff’s office, however, does not intend to continue checking Gill’s past autopsies, said Lt. Gary Faulkner, the chief deputy coroner. None of the other 300 cases is believed to have involved foul play or illegal activity.

“During the course of those other autopsies, there was no evidence uncovered that led the pathologist, or anyone from our office, to believe that a crime had been committed,” Faulkner said...

Libertarians fight business-labor coalition on term limits

May 23, 2012, 12:05 AM | Will Evans, California Watch

ericsphotography/istockphoto.com

Out-of-state libertarians are trying to defeat a term limits measure on the June ballot, but so far, they haven't been able to match the financial heft of the coalition of unions and business interests backing it.

Prop. 28 would tweak the current term limits regime by reducing the total amount of time a California legislator can serve from 14 to 12 years, while allowing a legislator to serve any of those years in either the state Assembly or Senate. Currently, under limits set by ballot initiative in 1990, lawmakers can serve a maximum of six years in the Assembly and eight years in the Senate.

The campaign supporting the measure has raised more than $2 million from sources that are often rivals: Democratic and Republican donors, labor and business groups, and even a pair of dueling developers. On the other side, opponents of the measure have rustled up only $150,000...

CSU pulls bid request for executive pay consultant

May 22, 2012, 12:05 AM | Erica Perez, California Watch

AlexKalina/istockphoto.com

After recently posting a bid for an executive compensation consultant for the first time in eight years, California State University officials decided late last week to cancel the request for proposals – citing budget concerns.

In bid documents posted in March for a three-year contract, the university estimated it would pay $200,000 for one survey of presidential pay, one survey of faculty pay and one larger, executive-level total compensation study – work that has been done in the past by human resources consultant Mercer. The smaller reports would be done once per year, and the larger study would be done less frequently. Mercer's contract is up in June.

University spokesman Michael Uhlenkamp told California Watch last week that the bid was on hold. Yesterday, he said CSU had decided not to move forward with the bid because the university does not have the money or need for an executive compensation study.

Uhlenkamp said the CSU human resources group initially posted the bid to do "due diligence" and see whether any cost savings could be achieved with potential vendors...

Los Gatos school leaders end seismic-related construction stall

May 22, 2012, 12:05 AM | Corey G. Johnson, California Watch

snapphoto/istockphoto.com

Los Gatos school trustees have rescinded a contentious decision to close a mountain community's elementary school and halt plans for a new campus over concerns about seismic safety and cost increases.

During a meeting last week, trustees for the Los Gatos Union School District reversed themselves and ordered the district's engineering contractor, Pacific Crest Engineering, to complete the work requested by the California Geological Survey to ensure the seismic safety of a new Lexington Elementary School.

Trustees also voted 5-0 to suspend the transfer of students from existing buildings at Lexington to portable buildings at Fisher Middle School – a decision that was met with loud applause and cheers from about 200 parents and community members present...

Rail authority policy to purge e-mails draws critics' ire

May 21, 2012, 12:05 AM | Lance Williams, California Watch

Dusan Jankovic/Shutterstock

A congressional committee is investigating California’s $68 billion bullet train project. The U.S. Government Accountability Office is investigating, too.

Meanwhile, this proposal for the largest public works project in California history is the target of a flurry of lawsuits filed by local governments and opposition groups.

All those investigators, lawyers and bullet train critics want to pore over the California High-Speed Rail Authority’s trove of documents, looking for evidence.

So it’s an unusual time to purge five years’ worth of bullet train project e-mails, critics say. Nevertheless, that’s what the agency is contemplating.

In February, the rail authority filed papers with the state saying it intended to enact a new policy to destroy its e-mails after 90 days.

Then, on May 1, in response to a request for information from a project critic, the rail authority said it could not produce e-mails that were older than 90 days, citing the new policy...

Nurses accused of deception over Orange County school

May 18, 2012, 12:05 AM | Christina Jewett, California Watch

NotarYES/Shutterstock

The state nursing board is accusing five nurses of fraud and seeking to revoke their licenses for operating a school in Orange County and the Philippines that purported to prepare students to be registered nurses in California.

While students of Nightingale International California were led to believe their training would prepare them for nursing jobs, records say, the school was not approved by the nursing board or accredited. That means students who took classes from Nightingale were not allowed to take a state licensing exam and must repeat their coursework before seeking licensure, records show.

In at least one recent case, the nursing board worked with the state attorney general to shut down a sham school and get restitution for victims. But in this case, by the time board investigators went to the Garden Grove school in October 2010, they found an empty office, said Russ Heimerich, a spokesman for the nursing board.

He said the school operated from at least 2007 to 2010, and investigators do not know how many students went through the courses.

“The...

Study attempts to reveal science behind 'gaydar'

May 17, 2012, 12:05 AM | Susanne Rust, California Watch

torbakhopper/Flickr

When a scholarly journal published a study this week on the purported existence of "gaydar," the reaction ranged from "no duh" to offended.

Just how can someone accurately predict a person's sexuality based on a fleeting glimpse of a photograph?

But the new research from the University of Washington may shed some light. The researchers suggest that gaydar is a complex mental process that involves not only identifying particular facial features, but also those features’ configurations and relationships to one another.

The research appears in this week’s journal of the Public Library of Science.

We all make snap judgments several times a day, every day, when encountering strangers.

“We call it intuition,” said Nicholas Rule, a psychology researcher at the University of Toronto, who was not involved with this study. “When you get on a subway car and have only a split second to figure out who you’re going to sit next to, you’re using those first impressions.”

And according to scientists, we’re actually...

Calif. schools employing fewer nurses, librarians

May 16, 2012, 12:05 AM | Joanna Lin, California Watch

Joanna Lin/California Watch Mary Nixon is one of two school nurses in Trinity County. The number of school nurses in California has dropped 13.3 percent in five years.

California is issuing fewer credentials for public school service positions such as librarians, school nurses and administrators, and its schools are employing fewer service staff, according to a recent report by the state Commission on Teacher Credentialing.

The commission issued 11 percent fewer service credentials between the 2006-07 and 2010-11 school years. The number of people employed in service positions declined 9 percent during the same period, according to the report.

The findings [PDF], released last week, track credentials and employment in five areas: administrative services; teacher librarian services; school nurses; speech-language pathology, and clinical or rehabilitative services; and pupil personnel services, which include school counselors, psychologists, social workers, and child welfare and attendance workers...

School officials challenged by post-redevelopment process

May 16, 2012, 12:05 AM | Kendall Taggart, California Watch


401kcalculator.org/Flickr

With billions of dollars at stake, school district representatives charged with overseeing the shutdown of about 400 redevelopment agencies may be underprepared.

Seven-member local oversight boards consisting of representatives from K-14 districts, the county, the city and special districts are now responsible for vetting decisions about how the former agencies will be dismantled and how the property taxes that previously went to redevelopment will be spent.

But some observers are concerned that many school district representatives are not well-equipped to review the complex contracts and financial arrangements left in redevelopment’s wake...

Issa blasts costly airport-security machines languishing in storage

May 15, 2012, 6:05 AM | G.W. Schulz, California Watch

Oversight & Government Reform Committee Security-screening equipment in storage in Texas.

An estimated $184 million worth of security-screening equipment purchased by the federal government is gathering dust in storage rather than keeping Americans safe, according to the results of a congressional investigation [PDF] published May 9.

Staffers leading a joint probe that involved two committees found thousands of pieces of equipment sitting idle in a Dallas warehouse used by the Transportation Security Administration, an agency created after the Sept. 11 hijackings to keep terrorists off of commercial airliners.

The chairman for one of those committees responsible for oversight and government reform – California Congressman Darrell Issa, R-Vista – has become a thorn in the side of the Obama White House as he seeks to unearth evidence of waste, fraud and abuse. Issa in early May threatened to find Attorney General Eric Holder in contempt for allegedly hiding information about a Bureau of Alcohol, Tobacco and Firearms operation that went awry when guns wound up in the hands of suspected drug traffickers...

Advocates fear patient care will suffer under state budget cuts

May 15, 2012, 12:05 AM | Christina Jewett, California Watch

ideabug/istockphoto.com

Gov. Jerry Brown announced a state budget yesterday that relies on hospitals and nursing homes to achieve nearly $400 million in savings – a week after a far smaller proposal prompted concerns about patient care.

The governor's revised budget is the starting point to closing a $15.7 billion deficit. He proposed making further cuts to human services, paring down hours of care provided to In-Home Supportive Services recipients, and limiting child care support provided by the CalWORKs program.

The revised budget poses a new set of challenges to care providers and patient advocates. Last week, groups representing doctors, nurses and nursing home residents decried a comparatively minor budget change that would have cut the mandate for hospital and nursing home inspectors to perform unannounced inspections to monitor compliance with state laws.

The budget proposal by the state Health and Human Services Agency would have eliminated 25 nurse-inspector positions and slashed fees paid by hospitals and nursing homes that go toward enforcing patient safety laws.

Health and Human Services Agency Director Diana Dooley said that the proposal to change facility inspections was unrelated to yesterday's budget cuts. Rather, it was meant to streamline state operations “where we...

Critics struggle to end 'pay to play' in school bonds

May 14, 2012, 12:05 AM | Will Evans, California Watch

Boaz Yiftach/freedigitalphotos.net

Critics of the practice in which financial firms help pass school bonds that they profit from are continuing to push for reforms, but so far have faced resistance and failure.

In California, underwriting companies hired by school districts to sell bonds often make campaign contributions to help convince voters to pass the bond measures. A California Watch investigation found that leading underwriters gave $1.8 million over the last five years to successful bond measures, and in almost every case school districts gave underwriting contracts to those same firms.

Underwriters are essentially middlemen, buying bonds from districts and selling them to investors at a higher price. Underwriters say they generally only give campaign contributions after getting hired; school districts argue the money has no influence. But critics call it a “pay to play” system that potentially costs taxpayers more than a strictly competitive process would...

CSU Long Beach spends student MBA fees on professor pay

May 14, 2012, 12:05 AM | Erica Perez, California Watch

vmvm/istockphoto.com

Officials at CSU Long Beach spent nearly $200,000 on extra pay for some business school faculty, tapping student fees that were supposed to be spent on recruiting professors, getting more research published and boosting enrollment.

The CSU Board of Trustees authorized a new fee for graduate business school students in 2009. At $254 per unit, it nearly doubles the price of a degree, adding $12,000 to the cost. CSU Long Beach projects it will have spent about $1.7 million in MBA fee revenues from 2009-10 through 2011-12, documents show.

Fee revenues were supposed to help universities boost enrollment and strengthen their accreditation. The accrediting agency requires schools to have a high number of tenure-track faculty who are consistently publishing peer-reviewed research.

While Long Beach officials say accreditation status has improved, the college has seen a drop in enrollment in its MBA programs. Meanwhile, the College of Business Administration has spent $191,000 of the fee revenues on stipends for existing faculty members in the last three years...

Lawmakers: Health care districts must unleash bank accounts

May 14, 2012, 12:05 AM | Katharine Mieszkowski, California Watch

U.S. Census Bureau

California lawmakers are moving to crack down on taxpayer-funded health care districts that have banked tens of millions of dollars at the expense of funding community-health projects.

A bill moving through the Legislature targets the spending habits of these little-known governmental agencies that were created to run hospitals, which many of them no longer do. These districts are run by publicly elected boards that have power over multimillion-dollar budgets.

New legislation in Sacramento would require the districts to spend at least 95 percent of their annual tax revenue on community programs and services. Districts would have to report their spending annually to local officials, including their county boards of supervisors.

Some of these districts have banked tens of millions of dollars and diverted resources to administrative and overhead costs.

 

“We really felt that there were three things that we wanted to see from these districts: transparency, accountability and responsibility,” said Assemblyman Rich Gordon, D-Menlo Park who co-authored the legislation, AB 2418, with Assemblyman Roger Dickinson, D-Sacramento...

State, tech companies build alliances to combat sex trafficking

May 14, 2012, 12:05 AM | Shoshana Walter, California Watch

Jakub Krechowicz/stock.xchng

Last year, California Attorney General Kamala Harris joined attorneys general across the country in declaring war against Backpage.com, a free classified website run by Village Voice Media. The officials threatened legal action if the site didn’t stop running ads for adult services, some of which have been linked to underage sex trafficking.

But while Harris took a confrontational tone with Backpage – which has since balked at shutting down its adult pages – a more cooperative dynamic has emerged this year between the attorney general and online companies.

Harris recently announced an agreement with mobile and tech companies that requires their apps to better display their privacy policies. While Harris said she will not rule out legal action against sites such as Backpage, her office has begun to build more alliances with online firms. And as companies such as Facebook have matured, they have become more willing to cooperate with government leaders and law enforcement. 

 

This week, representatives from Facebook and Microsoft will be among 50 law enforcement and nonprofit leaders who are meeting as part of a new Department of Justice task force on human trafficking in the state. By the end of the summer, the government task force plans to issue a report containing best-practice guidelines for law...

Rural towns devise unique plan to solve water problems

May 14, 2012, 12:05 AM | Bernice Yeung, California Watch

woodleywonderworks/Flickr

For a good part of its rich history, residents of unincorporated Allensworth, the first African American colony west of the Mississippi, have gone without a reliable supply of safe drinking water.

This is still the case today, where the Tulare County community’s wells – which provide water to the neighboring Colonel Allensworth State Historical Park that commemorates the area’s legacy – exceed federal levels for arsenic. 

Arsenic is naturally occurring in the area, and consumption of the semi-metal can cause nausea and skin discoloration. It has also been associated with various cancers...

Business growing for 2 Calif. drone-makers

May 11, 2012, 6:05 AM | G.W. Schulz, California Watch

U.S. Customs and Border Protection

A pair of defense firms based in California that specialize in manufacturing pilotless aircraft, also known as drones, are considered rising stars among contractors for the Department of Homeland Security, according to an annual list compiled by trade publishers.

San Diego-based General Atomics Aeronautical Systems has already supplied nine pricey Predator drones to the Department of Homeland Security, but a fleet totaling 24 “unmanned aerial vehicles” is in the works.

The company has now built 530 overall, said a company official, many of them used abroad by the U.S. military as part of the global war on terror. Congress in February ordered federal regulators to move faster in establishing guidelines for the broader use of drones over U.S. skies, and clearer rules are required by the year 2015. Public debate over their usefulness and privacy implications has been occurring ever since...

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