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Showing posts with label Lisa Schicker. Show all posts
Showing posts with label Lisa Schicker. Show all posts

Friday, October 23, 2009

New Times Commentary

Lisa Schicker has a Commentary in this week’s New Times at:
http://www.newtimesslo.com/commentary/3471/sewer-project-would-dispossess-many-los-osos-homeowners/

Gee, I wonder if The Shredder will find it poo-poo-pee-dooo funny?

Friday, October 02, 2009

Ooooo Noooo, Et tu Brooootay?

The Shredder has a funny take on the County’s response to Lisa Schicker’s request that they look into alleged conflict of interest issues over the contracts for the Hideous Los Osos Sewer Project. www.newtimesslo.com/shredder/3358/poop-cachoo/ What makes the Shredder’s piece doubly funny is this:

One of the key problems with The Los Osos “Story” is that once you re-brand and reframe the story as LON (Los Osos Nuts, as the Shredder calls them) then anything anyone from Los Osos brings forward – no matter how factual or true -- can be dismissed as Looney Toons. When the “media” buys into that “story,” then it’s really hard to overcome. “Market-based” and media-savvy people know just how to reframe and re-brand the issues, i.e. “anti-sewer obstructionists” becomes a lazy but useful buzz word to falsely describe and so demean and dismiss anybody who raises a concern, even legitimate concerns and ideas that actually do get incorporated in the project, like returning water to the basin, which was proposed by those wacky Los Osos Anti-Sewer Obstructionist Crazies, The Sustainability Group. And once it’s reframed, the false story takes on a life of its own that absolutely defies correction. Worse, the consequences of that false story can be catastrophic on a community that is falsely branded – after all, a town full of LONs and “anti-sewer obstructionists crazies” can easily be demeaned and dismissed as a community deserving of regulatory incompetence, botched political and technical decisions, and a continued failure of due diligence and oversight, all failures carrying a devastating price tag, all failures that did not need to happen in the first place had the powers that be – including The Press – done their jobs properly.

Better still, once re-branded, instead of having to do the difficult job of sorting through the message to separate the wheat from the chaff, it becomes easier to lump it all together, shoot the messenger and then toss the whole thing out as LON chaff. So, lies are truly enduring, especially when they have so many handmaidens with vested interests to keep them alive.

Though it’s funny to see Shredder falling into that “rebrand & re-frame” trap since he/she’s usually waaaayyy more savvy than that. But, Shredder is right about one thing: It’s pointless to ask foxes to investigate their own chicken coops. That’s what the Watchdog Press is for . . . oh, wait . . . Shredder’s right. Forget that. Silly me.

Tuesday, September 29, 2009

Start Yer Engines!

The BOS will be meeting today at 9 a.m. for the appeals hearing on the Hideous Sewer Project. The Board may get to the point where they can vote on whether to accept the project as presented by the staff (after major tweaking by the Planning Commission which took to heart the warning pre-shots across the bow found in the letter sent to them by the Coastal Commission, plus all the incredibly hard work by local citizens in the Sustainability Group who number crunched and brought to the Commission some serious proposals for a better project than the original one the County came up with.)

Apropos of which, I doff my cap to Bo Cooper whose Sept 28 letter to the editor (Tribune) bears repeating here:

"Your editorial describing those of us who critique the Los Osos sewer project i hope of getting a more eco-friendly and economical project have consistently labeled us as "malcontnts . . . (in a) weekly gripefest" ("Blabbers of Los Osos, put a sock in it" Feb 1, 2008). And in the Sept 25 editorial, after viciously mocking Lisa Schicker, you wrote, "The circus surrounding the sewer project needs to end now."

Your editorial tone each time seems purposely disrepectful and degradating to those citizens of Los Osos who are presenting reasonable objections to various aspects of the project proposed by the county; the many changes recently made by the Planning Commission show that at least some of the issues brought forth by the "blabberers" were correct.

I'm okay with The Tribune having a different opinion than myself about the sewer project -- that's democracy -- but I am not okay with the attitude of mean-spirited mockery and disregard expressed in your editorials."

Amen, Bo. Instead of being a watchdog, the Tribune has been a water carrier for the status quo, a basically lazy organization that keeps violating the first rule of semantics: Thing 1 is not Thing 2 is not Thing 3. It's the same trap author Barbara Wolcott (Small Town, Perfect Storm) fell into. (I'm still advocating a necktie party for her editor who really, really did not serve her well at all.) And that problem is getting trapped by meaningless, ill-defined words that become lazy mantras that stop thought or block further information and discussion or (and this is the likely reason for using them, besides sloth) their real intention is to misinform and/or mislead. (Back to Wolcott again, she put Al Barrow into her invented category of "UltraOpposition," a form of super-sized "Anti-Sewer Obstructionsts" without ever 'splaining why an anti-sewer obstructionist/Oppositionist spent about a bazillion hours and years researching and bringing sewer folks to town for sewer workshops, sewer information outreaches, alternative sewer systems and so forth. For Al it's been one years-long sewer focus 24/7. True, he's been a strong advocate for a STEP/Steg sewer system, but a STEP system IS a SEWER system. And yes, he's tried everything in the book to obstruct an unaffordable sewer system in favor of an affordable system. But an affordable sewer system IS STILL a SEWER system. Yet he's classified as an anti-sewer ultra-obstructionst which obscures the complexities and contraditions involved. Thing 1 is not Thing 2 is not Thing 3.)

The Sustainability Group, for example, can be described as "anti-sewer obstructionists" (or blabberers or malcontents or clowns or any number of derogatory words) and dismissed in a "shoot the messenger" move. Or their "message" can be listened to with the result that this community may end up with a better project than originally planned. That's the problem with buzz words; they blind.

Well, let's hope today's BOS will be clear eyed and the public commenters can stay focused and any tweaks will result in better tweaks, not worse, and so the whole thing can go on to the Coastal Commission which are likely loading their cannons already. Chugga-chugga.

Saturday, August 22, 2009

Lordy! Lordy! Lizzie, Grab Caesar's Wife And Head For The Fence

In her recent formal complaint to County Counsel, Warren Jensen, former CSD Director Lisa Schicker included about a bazillion pages of documents. Mr. Jensen issued a preliminary report declaring, "Move Along, Nothing To See Here, We'll Look Into The Other Pages, Oh, Sometime, Maybe, And Get Back To You," while the Tribune trumpeted that the charges had been "dismissed," without adding the words, "for now," or "pending," to the headline.

Missing in all this "Jeeze, let's get this off the table and out of the public eye" is this hard lesson of history: If there is some way for somebody to derail or delay the sewer project, they will.

Depend on it.

One of the strongest smart moves the County did when they took over this project was to promise to keep The Process . . . clean. No sticky fingers on the scales, no back-room deals, no funny, sotto voce promises. CLEAN.

Then the promised "real" design-build went off the table, heh-heh, the project was suddenly cut up into pre-determined pieces and we had, ker-poof! a "short list" of qualified contractors with a set "to-do" project, rather than a real open design-build bidding process. And in the middle of that, several players who may or may not be tangled up in the bazillion pages of documents submitted for review.

That's not "clean." That's not "Caesar's Wife," not only being above suspicion but needing to keep the appearance of being above suspicion.

That's also not smart because an "unclean" process can leave too many legal "hooks" that can be used to ju-jitsu this project off the rails. The more legal hooks, the more ju can be jitsued.

Which is why the BOS needs to put Mr. Jensen back to work AND hire a neutral, outside review of the whole bidding process to make sure it's clean, make sure there are no legal , "bright-line hooks" that can come back to trip everyone up. Such a review won't delay anything since it can run simultaneously as this project makes its way forward. (And with the BOS hearings and the Coastal Commission reviews coming up, there'll be plenty of time for proper pauses and slight refinement/changes.)

True, a neutral, professional review may cost a bit, but suppose that review finds a few loose nails laying on the tracks. A few "bright line" nails. And removes them BEFORE the train hurtles down the track.

Near as I can tell, that'd be penny wise and about a bazillion pounds-wise as well.

Friday, August 21, 2009

Grab The Rock, Call Your Lawyer And Head For The Fences

The Rock has been busy, as you can see below.

County Counsel Tries to Bury Schicker’s MWH/Ogren Complaint
Warren Jensen’s belated response to Lisa Schicker’s MWH/Ogren complaint paves the way for MWH to move forward, without legal impediments, in the design-build phase of the wastewater project as No. 1 contractor on the County’s handpicked short lists for both collection and treatment. At the same time, Counsel’s disclaimer shields the board. Schicker’s reaction...» Read Articlehttp://www.rockofthecoast.com/news/local/829-county-counsel-tries-to-bury-schickers-mwhogren-complaint

Next Speaker... Shut Up! The Los Osos Public Comment Scandal
It’s not sexy like the Edge/Wilcox scandal, but the Los Osos Public Comment scandal and coverup will cost Los Osos and County taxpayers millions of dollars more in rigged contracts, costs increases, additional fees and charges, further damage to Los Osos' threatened drinking water supply and probable litigation. The man pulling the strings behind the scenes of both scandals could pay at the polls in 2010, if voters take a deeper look...» Read Articlehttp://www.rockofthecoast.com/news/local/830-next-speaker-shut-up-the-los-osos-public-comment-scandal

Best of Summer Public Comment: Los Osos Residents Fight Back Against Gibson Gag With Wit, Knowledge and Advice
Public comment on the Los Osos wastewater project at Board of Supervisors’ monthly updates is the time when no good deed goes unpunished, as Supervisor Gibson and idling board sidekicks turn the vice tighter and tighter on critics of the County’s town-sweeping $200-million megasewer built on the flimsiest foundation of lies and fraud. Following is a just a sampling of the vital public comment from Los Osos residents at monthly project updates on July 14 and August 4—ignored or dismissed by a board that almost never responds. We bring back some folks for an encore because public comment passes too quickly and should not be so quickly forgotten...» Read Articlehttp://www.rockofthecoast.com/news/local/828-best-of-summer-public-comment-los-osos-residents-fight-back-against-gibson-gag-with-wit-knowledge-and-advice
For comment and opinion on these articles and more, go to: http://www.rockofthecoast.com/razor
The ROCK is The RAZOR is The ROCK

Thursday, August 20, 2009

Head For The Fence, Again

Below is a public response by former CSD Director, Lisa Schicker, in response to SLO County Counsel, Warren Jensen’s preliminary report concerning allegations of possible conflicts concerning county Public Works director, Paavo Ogren, and the Los Osos Wastewater Project.

Dear Supervisors and members of the press:

The reason I am requesting an independent investigation is because Gail Wilcox, Warren Jensen and Paavo Ogren , working together, created the 2701 implementation strategy in the spring of 2006 which included the recommendation of SOLE SOURCE contracting to the same contractors that were ultimately hired to sit on both sides of the interview table for the Los Osos project; the same contractors who were hired in 2006, WITHOUT the required legal waivers; the same firms and contractors working on the Lopez Lake Project, including Mr. ogren who worked both on the private and public side of the table; and the same firms that both interviewed and selected each other for the Los Osos project.

No one has yet explained how this is NOT a conflict of interest or an indication of bid rigging or a conflict of the design build code.
These are all unanswered questions still requiring an independent investigation (see note below)

THIS version of my statement contains the revised link to the documents:https://cid-4552988ff6bd052f.skydrive.live.com/browse.aspx/Supporting%20Documents%20-%20LOWTP%20Formal%20Complaint%20-%20Contract%20Procurement%20Process%20-2009Thank you from Lisa Schicker , Past LOCSD President and Board member 2004-2008

An Additional Response to The Press

An open statement to the press and Warren Jensen:

Here is my written statement to you and to the press:

I will be happy to make comments on your report after the County actually completes a complete review of all of the evidence submitted; this preliminary report states clearly that the review was not comprehensive and is incomplete. Warren Jensen has stated in this preliminary report that:- he doesn't have the time- he hasn't read the actual evidence- that the BOS hasn't reviewed it- that he has still not reviewed any of the source documents submitted or anything submitted after May 2009.

There is nothing in the report that refers to Lopez Lake Dam county project, where all of the same contractors were involved and paid on this project, too - when Paavo served as both a private consultant and a county employee - a very important link to be investigated still.

It is clear that neither Jensen nor his staff have undertaken any investigation of their own.This is far from a complete report. The test for bid rigging is fairly straightforward, and the exact statutes violated were backed up with hard evidence. The DA in 2006 called Ogren's knowledge and direction for the falsification of the CSD contract documents with MWH a serious crime. The rigging of the current contracts, and violation of the design build statutes is "bright-line" law.

To suggest that the complaint was merely "an opinion" suggests an unwillingness to investigate the documented allegations. Was not the firing of Ms. Gail Wilcox and David Edge based on an investigation and the main evidence was hearsay and opinion? This was also called a judgement based on the evidence and it involved an outside investigator.

To the contrary, the complaint against Ogren contains the actual documents and evidence of the violations reported. This brief report by Jensen, also called an "opinion" was one delivered without full review or outside counsel, and incorporates excuses for error in advance. It cannot be taken seriously.

A few of the violations that must be thoroughly investigated - STILL include:

California Public Contract Code section 20133 (Design-Build Procurement)
Penal Code Section 424 and Government Code section 6200
Government Code Section 12650 (False Claims Act)
Sherman Act – “bid-rigging”, undisclosed conflict of interest and “self dealing”.
Violations and conflict of interest related to Assembly Bill 2701
Material Breach of Contract - LOCSD Termination of MWH contract for default.

Over a month ago, I suggested to Warren Jensen that an independent investigator, similar to one hired for the Wilcox investigation, occur, as Mr, Jensen was also directly involved along with Gail Wilcox and Paavo Ogren in the crafting and implementation of AB 2701 and have suggested that he may have a conflict himself.

Considering the plethora of unethical and illegal activities happening at the highest levels of County government, it seems like there is a lack of motivation or ability to self-police staff at this time.

I stand by the actual evidence that has been submitted, which has yet to be evaluated. I request that the County hire and independent investigator in this matter, due to the time constraints and potential conflicts for Mr. Jensen. Here is the link to all of the documents for any who cares to review them.https://cid-4552988ff6bd052f.skydrive.live.com/browse.aspx/SLO%20BOS%20Documents%20-%20May%202009

Thank you from Lisa Schicker
Past LOCSD President and Board member 2004-2008..