Well, that was an interesting morning in the courtroom, albeit a long, tedious and ultimately unsatisfying morning. We walked in, a little over a dozen of us, with John S. Williams already effectively terminated as Public Administrator / Public Guardian of this County, and waiting to find out if the Judge, Judge Monroe, would re-instate him, whether the Judge would swallow the arguments that his proffered resignation of last year could be rescinded at the last moment as JW tried to, and whether the Board of Supes had any authority to even consider firing a (partially) elected official.
Well, there was a lot of time to kill as Judge Monroe pored through all the material he’d been handed, and John Williams just looked so alone and forsaken in the back row of the court, like someone’s sad red-faced souse Irish grandpa, while his ethically-challenged counsel Phil Greer laughed and shot the breeze with his opponent the way lawyers do.
So I walked up and introduced myself, shook his hand. “Ah Vern Nelson” – yes he had read all my stuff lambasting him over the last two years. I wished him good luck with whatever comes next in his life, we kind of agreed that there are different sides to every story, and he eventually told me a couple things he thought I should know (to which there happen to be good counter-arguments by the way) – he says the two famous “scathing grand jury reports” on him had been retracted because of their “faulty methodology” – and he insisted he WANTS the new “Colantuono report” to come out because supposedly it vindicates him. (No it doesn’t.)
But the burning question he refused to answer, which was WHY ARE YOU FIGHTING SO HARD TO KEEP THIS JOB? Why can’t you go out with a little dignity? You’re sixty, you’ve got three pensions to get you through your retirement, your family’s in Florida, you’re obviously out of your depth, EVERYONE says you’ve been doing a horrible job, even your bible-thumping former friends like John Moorlach have turned against you, but you just keep fighting to stay on. Is it just because staying on a little longer might make your pension a little higher? Or is Phil Greer dragging you along for a little more loot?
*
But the first person we noticed in the courtroom when we got there, whirling like a dervish as is his wont, was Todd Spitzer, once and future OC Supervisor, who understandably takes the John Williams matter personally having lost his assistant DA post due to asking uncomfortable questions of the nepotistic, Rackauckas-tied office.
Todd was demanding to be included as a co-respondent against Wiliams. He wanted a bigger public hearing on Willliams’ performance, and he obviously wants to take it to the doorstep of DA Rackauckas, Peggi Buff, and Susan Kang Schroeder. It’s highly doubtful the County council wanted more than to keep it focused on Williams though, for obvious reasons. Todd also emphasized his belief that Williams was LYING last year when he agreed that he’d resign this month as opposed to having just recently changed his mind for whatever circumstance; and in the hour we spent waiting for the Judge to come out, the born politician busied himself making his case to us few journalists and bloggers there, and looking daggers at Williams.
When the elderly, genteel and soft-spoken Judge finally emerged, and read aloud through passages of Todd’s presentation (some of which I’ll copy below) he shook his head, clucked his tongue, and said, “That’s very uncharitable, Mr. Spitzer. Yes, very uncharitable.” Finally he concluded “I don’t see how it will help this case to have you involved, Mr. Spitzer.” Well, let’s hear this uncharitable stuff here!
…II. Purpose for Intervention: To Prove Mr. Williams has a total and consistent inability to tell the truth when the relief sought turns on the veracity of his statement and intent.
A. The events surrounding what led to Mr. Williams’ demise are critical to show why he was willing to leave the County
I am seeking to intervene to shed light on that agreement based on facts that are within my personal purview and to assist the Court in weighing evidence which will shed light on Mr. Williams’ lack of veracity and the set of cards Mr. Williams was dealing with when he made the agreement to leave public service effective January 23, 2012.
The Petitioner is seeking relief from this Honorable Court to find that when Mr. Williams negotiated his sweet-heart deal with the County of Orange to be demoted from the position of Public Guardian, retain his elected position of Public Administrator, keep his full salary and benefits, he never had any intent to resign from his position on the targeted date expressed in the agreement letter.
The relief Petitioner is seeking turns on whether the Court believes Mr. Williams actually represented a position and intended to fulfill the expectation which is why the County allowed him to remain at full salary and benefits, or whether Mr. Williams was simply bluffing.
[…skipping a little…] The evidence is so clear that Mr. Williams had spiraled so far down this elevator shaft of professional and political support that this was his “best and final” deal. Given the circumstances at the time and the options available to the County and the public who had turned on him, it is absolutely clear that Mr. Williams had the intent, purpose and goal to leave the County. Period.
There is no pleasant way of informing this Court that Mr. Williams is not an honorable man. Specifically, he is phony. Mr. Williams consistently lies to gain a political and financial advantage. The public is, quite frankly, fed up with phony government officials who exploit personal opportunities to achieve exorbitant financial gain on the back of the taxpayer, especially when they lie and cover-up to benefit themselves or their political and professional reputations. I believe in good faith that Mr. Williams enjoys benefits from a career as a County Marshall, the County’s Public Guardian/Public Administrator, and as a former South OC Community College Trustee. There is no doubt that he calculated how long staying through 1/23/2012 would impact his pension(s.) ….
B. Williams’ lies during the cover-up that unraveled his Administration show he is not trustworthy in his declarations and testimony before this Court.
- On August 28, 2010, Mr. Williams wrote a press release indicating that I engaged in unlawful and inappropriate behavior in communicating with his office while an Assistant DA for the County. He told the media that he orchestrated that press release without any assistance from outside agencies. [Exhibit 1]
- On October 21, 2010, during a press conference held by the OC DA, DA Chief of Staff Susan Kang Schroeder admitted that she did speak to Williams the night before he issued the press release and assisted him in writing that release. Up until that point, both Williams and Kang Schroeder had adamantly denied that there was any complicity between the two surrounding my termination. [Exhibit 2 – Voice of OC]
- On September 8, 2010, Mr. Williams wrote to the Chief Deputy, James Humes, of the California Attorney General’s Office, indicating that he possessed a TRANSCRIPT of a phone call that I made to his deputy, and repeatedly told the press that he possessed a TRANSCRIPT of that call. Even his attorney Phil Greer, playing politics and attempting to underscore the strength of his client’s position, emphasized that Mr. Williams had a transcript and was seeking County Counsel’s permission to release it. In fact there was never any transcript, just notes; and Mr. Williams was caught lying to the media to gain an unfair advantage in the court of public opinion. [Exhibit 4 – Register]
III. Conclusion
Based on the forgoing information and additional information I am sure to gain as an Intervenor in this matter, I respectfully request leave of Court to Intervene as a matter of law to support the Respondent, County of Orange, in defending the false and trumped-up claims by Mr. Williams.
Respectfully submitted,
Todd Spitzer, Attorney-at-law.
*
But Judge Monroe was having none of it, and instead spent two hours exploring arguments and precedents with Phil Greer and the County Counsel as to whether Williams’ resignation was promised or suggested, whether a promised resignation could be rescinded, and whether the Board of Supervisors even has any power to remove an official who is (at least partly) elected. It was pretty boring. He concluded, “Well, my mother had a saying … actually she had many sayings. But the one I’m thinking of now is ‘There may not always be time to do things right, but there’s always time to do things over.'”
Translation? Good news – Williams is still locked out of his office, and is not our Public Administrator / Guardian. Bad news – there will be another hearing in March, with “discovery,” at which he might be able to weasel back in.
Frustrating as always, this could just go on and on. As my whistleblower buddy complained to me on the way home, this is not even the biggest case of cronyism and waste going on in the County right now. The case of County CEO Tom Mauk [right] that was written about very briefly on our blog the other day by “Over But Not Out” entails a lot more ill-steered money. But how many corrupt County Goliaths can one little team of Davids fight at the same time?
Maybe it is just me, but it seems that over the years Orange County produces more than its fair share of governmental scandals at all levels of government, this being but another one. I would ask if it is something in our water, but given that we steal most of our water from Northern California or the Colorado River and that means others along the way consume it too, it can’t be that.
When all of the politicians know that the local district attorney will never do anything to enforce laws regarding conflict of interest or political corruption, there is really nothing to keep them honest.
Then there’s our third-rate local press coverage by the Orange County Register, which puts all of its efforts into bashing unions, and never, ever gets around to questioning any local Republicans.
And finally, you have to understand that the local GOP is a patronage machine, headed by the Scott Baugh, who makes his living as a lobbyist lapping at the government trough.
You know, Quimby, that thing about the Register … I think we’re going to have to stop saying that. It’s true that their editorial page is useless. But their coverage of local political scandals like this has been getting better and better. The recently departed Kimberly Edds (now some flack somewhere, alas) did great work on the Williams story, and now Andrew Galvin is following in her steps.
(Maybe I’m just biased because they’ve been doing so much good Occupy Orange County coverage!)
The word “agonistes” is a borrowing from Greek, where it means “someone who struggles for a cause”. The same Greek word has given rise to English “agonist” (including the forms “protagonist” and “antagonist”). This word is derived from “agōn” meaning a struggle, contest or assembly. In English, “agon” usually refers to the conflict between the main characters in a literary or artistic work. Another related word is “agony”, which originally referred to mental struggle. As in Greek, the word “agonistes” is four syllables long.
A new word a day from Vern.
Thanks for the education Vern.
Well, you’re welcome but now that I think of it it may not have been perfect. I was thinking of “Samson Agonistes.” I suppose Williams IS struggling to hold on to his gig!
I was thinking of “Nixon Agonistes” by Garry Wills.
In this literary context, its usage derives from Milton’s “Samson Agonistes,” T.S. Eliot’s “Sweeney Agonistes,” and (in the more relevant political context) the excellent “Nixon Agonistes” by Garry Wills. Now new “agonistes” stories appear every year; my Google search just turned up relatively recent ones honoring Corzine, Gingrich, Mubarek, Cain, and Quan “Agonistes.” Having an Agonistes story written about one is agony.
I’m a walking cliche, after all. (droops shoulders, shuffles off…)
Vern Agonistes!!!
Vern, you’ve out done yourself once again. Another great update on the worst public administrator ever. Love the pic of Mauk. I hope someday he has that same look when he is brought up on charges of giving away public funds to all his friends that now work for the County. What is to be done with the Public Administrator position now? The can’t fill it with the current Public Guardian – she does not reside in the County (they made an exception for her in the PG role, but it must be different for an elected official). I myself voted for Colleen Callahan, who received the 2nd highest votes after Williams.
Glad gorilla Gloria could show up. He doesn’t have much else to do these days other then to charge victims an arm and a leg to represent them, then violate Marsy’s Law by victimizing the actual victim while her estranged family member benefits. Hey Todd, if you do something bad to your wife, and her brother who is your buddy become estranged with her, would it be fair to give her brother all the records so you could use it against her. Yeah, I didn’t think so… REALLY TODD. No I meant it, really? Let’s just give all records out to cousins, fathers, brothers and sisters of rape victims. Especially the living ones. HOW ABOUT FOCUSING ON THE PRIMARY VICTIM… the one who is living and could be harmed by YOUR ACTIONS! Victim advocate? Really?
Apparently this comment is directed at Spitzer.
Hey Todd, how come you comment on the other blogs, but not this one?
JON FLEISCHMAN making sense!
http://www.voiceofoc.org/community_editorial_board/article_d5530b4e-4cb2-11e1-b47b-0019bb2963f4.html
excerpt:
“…Last year, rumors that he was going to be impeached from his office for gross-misconduct – were quickly followed by the word that some “deal” had been struck behind closed doors.
“Williams would continue to serve in his office until sometime this month (which would have some sort of material pension benefit for him) and in return he would turn over the actual running of the office of the Public Administrator to others designated by the County’s Chief Executive Tom Mauk.
“At the time that I heard this, I reached out to Williams through his Attorney, Phil Greer, to protest this arrangement.
“In my mind, either Williams felt he had been negligent in his job or worse, and thus should resign his office – or Williams’ felt that he had done nothing wrong, in which case he should continue to do his job and let the County Supervisors and others “take their best shot” at making the case for his removal.
“The in-between course where Williams somehow cut a deal, implying guilt but still allowing him to suck off the taxpayer tit while not really doing the job to which he was elected, was an outrageous course, which was a lose-lose for everyone.
“At the time this deal was consummated, it cemented in my mind that the John Williams I had come to know over the years had, at best, lost his perspective or even worse, had become a scoundrel.
“Revelations this week that Williams had, in fact, signed a letter in which he stated his intention to resign his office this month, but is now trying to “flip flop” on that decision, are another demonstration that Williams is lacking in character…”
Broken clock, etc., one of those times. (Or just the tempting safety of kicking someone while they’re down? Either way it’s all true.)
It’s like Fleischman is being controlled by some powerful force! I suspect the involvement of a witch or a moorlach!
Mr. Fleishman paints a picture of Williams undergoing some kind of transformation to become a scoundrel. Many believe he always was, just that Mr. Fleishman was slow to realize (or admit) it. Being perceived as “a good Republican” does not substitute for long for real on the job performance.
An argument for the “kick a guy when he’s down and it’s safe” theory, which I’ve seen before from Fleischman. Still he makes a good point that the agreement JW made with the BOS to keep his job for another year, not have to do any work, grow his pension and keep certain embarrassing info under wraps, is about EIGHTY BRIDGES TOO FAR, even for the Flashman!
Also, maybe I’m trying to be nice to Jon for the first time, hoping he’ll convince his bud Don Wagner to debate our Greg Diamond. (See THAT new post!)
Moorlach also fell under Williams’ inexplicable influence. Williams has been a highly partisan Republican; when my pal Colleen Callahan was knocking on doors running against him, one old lady said “Ah, but John Williams has done SUCH GOOD THINGS for the Republicans!” (She wouldn’t elaborate.)
Also, doubtless endearing to Moorlach was that JW was always a flamboyantly devout “Christian,” who used to pressure his employees at PA/PG to accompany him to prayer meetings at Calvary Chapel. Perhaps that kind of behavior should actually be a warning sign, that a person knows they have ongoing sins in constant need of forgiveness.
In any case, anyone should agree that being competent and honest at a post like Public Administrator / Public Guardian shouldn’t have anything to do with partisan politics or religion.
Vern, you will remember that Mr. Moolach’s lack of skills in picking personnel, including Street, Williams and a few others, has become legendary. A horrible track record in that area, not to mention being the primary advocate for the failed lawsuit regarding Deputy Sheriff pension benefits. Let’s see what he does as the Board Chairman this year in leading the County into salary negotiations with the unions – maybe he can redeem himself – at least with the far right crowd.
Is Jon Fleishman an ethical, non biased independent journalist?
Does Mr. Fleishman own the Flashreport?
Does Mr. Spitzer’s most recent campaign filing two days ago, 460 form, on the Registrar of Voters Website list a payment to “Flashreport” for $4,500.00 for web services in the past six months?
Should you indecently verify this for yourself?
Is this big hairball?
Cough, cough!