Yesterday you heard judge Marsha Slough and Martin Hoshino sit in front of an assembly subcommittee and represent that they’re taking seriously the auditors findings and executing on a strategy to address them. But the two judges McCabe and Wachob were brought aboard the judicial council three years ago with great fanfare and they were alleged to be the new shepherds of change with respect to the goals accomplished in the SEC report.
Three years ago they were brought on board to hold the AOC’s feet to the SEC fire and all they managed to do was to bow down and kiss them.
Out of 124 SEC recommendations made, Mr Wachob and Mr. McCabe permitted 57 of those to be reworded by the AOC to the point that they didn’t even have the same meaning as the SEC recommendations. Folks, that is nearly half of the recommendations.
Then after rewording 57 of the 124 recommendations, McCabe and Wachob were asleep at the accountability wheel when the AOC declared that 82 of the 124 recommendations had been fulfilled when in actuality, due to the rewording of the directives, only 51 of the 124 recommendations had been fulfilled.
Accountability demands that Wachob and McCabe be thanked and excused and not reappointed to the council.
Other items of interest in the hearing:
The AOC’s high catering bill revolves around one simple standard called the working lunch. If you are to work at lunch, say, while you are attending an AOC meeting, catering can be requested and the request will be fulfilled. That’s an incredibly low standard for buying lunch. The working lunch standard should be abolished. If there is to be a working lunch, ensure that employees and judges alike brown-bag it.
There are 88 employees at the AOC that make more than 130K. Subtract the 23 people identified as senior management and you’re left with 65 managers and supervisors that are making more than 130K. If there are only three divisions of the AOC as was represented, the AOC should follow the lead of government everywhere and eliminate the middle management fat currently holding the title of director and assistant director. The top employee of any office below the three divisions of the AOC should be senior manager.
Unfortunately, and this was also mentioned by Elaine Howle, is that the 3/4 million dollar classification and compensation study currently underway is putting the cart before the horse. With no mission plan and under the guidance of AOC management the structure of the AOC will not come into question under this classification and compensation study. In fact, we’d go as far as calling a self-commissioned study of classification and compensation that is directed by AOC management for the benefit of AOC management a severe conflict of interest.
If I hire someone for the express purpose of classifying my position and compensating me for that classification, there is no doubt whatsoever that I’m getting a raise that will be well justified. Otherwise why would I myself commission and direct such a study?
If there were any meaningful oversight of the AOC then the people commissioning the study and working with the contractor should come from and be directed by the judicial council, the alleged oversight body, and then only after the AOC knows what their mission will be and they are reorganized to meet the goals of that mission. That is when you put a price tag on it but those savvy managers Jody and the two Curts want to make sure the horse is bolting from the barn before anyone questions them about the appropriateness of their non-existent business model.
It is for all of these reasons above (and many others) that Jody and the two Curts should also be given their own walking papers and the judicial council themselves should take control of the classification and compensation survey.
Given the lack of accountability regarding time cards, the leave buy back program was unconscionable because everyone at the AOC knows you only fill out a time card once a month and no one verifies them. It is a system based on trust that added over 15,000.00 to top executive pay because at a certain point, leave that is accrued that is unused or not cashed out falls off the books.
We heard Judge Marsha Slough indicate that her committee basically isn’t kissing the AOC’s feet like McCabe and Wachob and is holding the AOC’s feet to the fire. But where does accountability come into play? Someone authorized those vehicle purchases/leases. That person(s) should be held accountable and lose their job.
To wrap it up, I heard a whole lot of action is happening. But the actions that are happening and what needs to happen seem to be only partially crossing lists. And if the AOC and the council were serious about reshaping the agency to serve the courts, then they would terminate the classification and compensation study in its tracks and commission a new one, based on a new mission statement and a reorganization to meet that mission.
Before the horse gets out of the barn….
Frank
March 12, 2015
I have been reading your articles on the AOC for some time now and the question that keep popping in my mind, has the Attorney General ever been informed on the allegations? Some of the AOC activities that you have described have criminal intent. If you have not made contact maybe you should. Just asking.
Judicial Council Watcher
March 12, 2015
The Attorney Generals position is that the human resources department of the AOC regulates AOC and that all reports should be filed with that department.
Previously, the position was held by a guy named Ernesto Fuentes who was hired because his resume showed him as inspector general or the Los Angeles RTA at a time where more engines and transmissions were being purchased than there were buses to put them in. He actually fired two of his inspectors when they confronted him about threatening an employee who was supplying critical whistleblower information. The inspectors filed and won a whistle blower lawsuit against Mr. Fuentes but this was the kind of credentials King George was looking for.
The current leader of the HR department who recently announced his own departure we affectionately term “Sofaman” He was instrumental in cutting employee pension benefits for Sonoma county employees after they retired.
So you can see the problem : The Attorney General won’t take a complaint and U.S. Attorney Melinda Haag would rather bust medical marijuana clinics than deal with the office that is 50 yards from her own office, primarily because she has to go back to the private sector after her appointment is up. Don’t shit where you eat seems to be the goal of both of these distinguished attorneys that could, but won’t take action.
Wendy Darling
March 12, 2015
The California Office of the Attorney General, under both then Attorney General Jerry Brown and current AG Kamala Harris, has not only been informed of unlawful activities taking place within the AOC and 455 Golden Gate Avenue, but has also been provided with documentation and hard evidence of those activities, including the embezzlement of public funds, double invoicing, hiring practices in violation of state law, and other activities. The response from the AG’s office each and every time has been a letter stating their office has no jurisdiction over unlawful activities taking place within the administration of the California Judicial Branch.
Numerous Other enforcement agencies have also been provided with that same information, documentation, and evidence. Like the AG’s office, they too have all claimed to have no authority or responsibility regarding unlawful activities taking place within the administration of the California Judicial Branch.
Long live the ACJ.
sharonkramer
March 12, 2015
Wendy, curious to know. Under what theory of law does Attorney General Harris claim that she has no jurisdiction in this matter?
Wendy Darling
March 12, 2015
You would have to ask the the AG’s office under what “theory of law” their office does not have jurisdiction over unlawful activities taking place in judicial branch administration. The letters from the AG’s office simply state their position that their office does not have jurisdiction, and the reporting party should direct their information and documentation to administrators at the AOC (now judicial council “staff”).
Long live the ACJ.
Auntie Bureaucrat
March 12, 2015
Wendy, has the same documentation been delivered to Martin Hoshino? In watching him yesterday I was in a quandry. On one hand I want to believe him… intelligent, articulate, easy to listen to. And then on the other hand, he’s apparently main-lined a shit ton of kool-aid in a very short period of time. Maybe HRH2, Jody and the two Curts are giving him the famous mushroom trearment?
Wendy Darling
March 12, 2015
No one in their right mind who works at 455 Golden Gate Avenue would go to Martin Hoshino with that information and documentation. The only thing that will happen is the reporting party will be fired, or their life made such a living hell that they would have to quit. And there is a rather deep pile of carnage at the AOC from people who have made the mistake of telling the truth about what is going on at and within the AOC and judicial branch administration, and were promptly and brutally punished for doing so.
Long live the ACJ.
Adrasteia
March 12, 2015
Does anyone have a copy of such a letter from the AG? If so, can that person please scan and submit so we all can read it? Assuming it is true that the Attorney General’s position is that she has no jurisdiction over crime occurring within the judicial branch, this should be questioned publicly. Or, if the location of the crime occurs in Sacramento, perhaps the Sacramento District Attorney’s office should be contacted. AOC employees who live, work and drive state vehicles for personal use (as described in the Audit) within Sacramento County, should be reported by that employee’s supervisor (now Mr. Hoshino) to the appropriate prosecutorial authority for investigation and possible prosecution. If a state employee uses state property for personal use, such as driving a state car to and from home to the work place or driving the car to the grocery store and if that employee pays for the gas for such personal use with a state credit card, then the investigation and prosecution for the crime should be handled in the county where the crime occurs, most likely Sacramento.
Hoshino should make the referral for the investigation. And, if he has not yet done so, he should be asked to follow through and if he will not make the referral to law enforcement, he should be publicly questioned.
Hoshino needs a reality check.
Peppermint Pattie
March 12, 2015
A copy of one of those letters from the Attorney General’s office has been sent to JCW.
Judicial Council Watcher
March 12, 2015
The letter is likely posted as an attachment to one of our previous posts. I know we’ve not only seen it, we have a hard copy and an electronic copy of it. Because it is so old at this point it might take a while to find.
Edited- The letter is appended to the underlying post above.
Peppermint Pattie
March 12, 2015
JCW – you have mail.
sharonkramer
March 12, 2015
“….Jody and the two Curts should also be given their own walking papers and the judicial council themselves should take control of the classification and compensation survey.” I would add that Justice Richard Huffman should be excused from any further involvment as an advisor to the Judicial Council.
sharonkramer
March 12, 2015
So…under the theory that the AG does not have jurisdiction to stop unlawful acts in the judicial branch. Say the AOC director got caught blatantly embezzling millions of dollars from the branch?. (not that he would) What CA law would protect the tax-payers to be able to recoup the loses? What CA law would cause punishment for the criminal act? If not the AG, whose job is it to make sure the recouping and punishing would occur?
BTW, a woman yesterday spoke to the point that the branch administrators do not have immunity for non-judicial acts.
sharonkramer
March 12, 2015
If the legislature is earnest in its intent to cause the “culture” to change; and the attorney general claims the “culture” is exempt from her jurisdiction to criminally prosecute; it seems that the culture is above the law and the legislature’s efforts to bring lawfulness are greatly hindered by an ineffectual AG.
I think the AG is incorrect that she has no jurisdiction to prosecute for crimes in the branch in non-judicial matters; and that erred stance is a big part of the continuing problem. It leaves the branch as a culture of fear for honest employees.
Wendy, I’m sorry I didn’t fully understand that living in fear for speaking of CRIMES, is part of the daily life of many branch employees.
“You would have to ask the the AG’s office under what “theory of law” their office does not have jurisdiction over unlawful activities taking place in judicial branch administration. The letters from the AG’s office simply state their position that their office does not have jurisdiction, and the reporting party should direct their information and documentation to administrators at the AOC (now judicial council “staff”).”
“No one in their right mind who works at 455 Golden Gate Avenue would go to Martin Hoshino with that information and documentation. The only thing that will happen is the reporting party will be fired, or their life made such a living hell that they would have to quit. And there is a rather deep pile of carnage at the AOC from people who have made the mistake of telling the truth about what is going on at and within the AOC and judicial branch administration, and were promptly and brutally punished for doing so.”
Judicial Council Watcher
March 12, 2015
The AG letter has been appended to the underlying post
It’s a link called AG Letter -AOC
sharonkramer
March 13, 2015
That explains why no one is ever punished when caught committing criminal acts in the branch, even to this very day. The AG’s office has been passing the buck back to the offenders, who then retaliate against the whistleblowing employees to keep the fraud, waste and abuse going.
https://judicialcouncilwatcher.files.wordpress.com/2015/03/ag-letter-aoc.pdf
Kim Turner gets caught falsifying court documents in the Marin county courts, which is a Penal Code 134 violation that’s suppose to be punishable by up to four years of jail time; and her punishment is early retirement with full pension?
$500M goes missing from the construction fund, and the only one who suffers is the employee who was fired for exposing it — while no one tried to find the tax-payers’ money?
And Hishimo says it could take 20 years to change the culture? This is beginning to look like a racket to defraud the public. Harris needs to step up to the plate.
unionman575
March 13, 2015
The letter says it all.
sharonkramer
March 13, 2015
I think you’re right, Unionman. That letter DOES say it all of why the “culture” will never change while continuing to defraud the public and taxpayer.
Show me where the California Constitution says the AG has no jurisdiction to prosecute for non-judicial criminal acts in the California judicial branch. I see the words “chief law officer of the land”, “duty” and “all the powers”.
CALIFORNIA CONSTITUTION ARTICLE 5 Section 13
Subject to the powers and duties of the Governor, the Attorney General shall be the chief law officer of the State. It shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced. The Attorney General shall have direct supervision over every district attorney and
sheriff and over such other law enforcement officers as may be designated by law, in all matters pertaining to the duties of their respective offices, and may require any of said officers to make reports concerning the investigation, detection, prosecution, and punishment of crime in their respective jurisdictions as to the
Attorney General may seem advisable. Whenever in the opinion of the Attorney General any law of the State is not being adequately enforced in any county, it shall be the duty of the Attorney General to prosecute any violations of law of which the superior court shall have jurisdiction, and in such cases the Attorney General shall have all the powers of a district attorney. When required by the public interest or directed by the Governor, the Attorney General shall assist any district attorney in the discharge of the duties of that
office.
“Whenever in the opinion of the Attorney General any law of the State is not being adequately enforced in any county, it shall be the duty of the Attorney General to prosecute any violations of law of which the superior court shall have jurisdiction, and in such cases the Attorney General shall have all the powers of a district attorney.”
I am aware that there are District Attorneys in several counties who have refused to prosecute for non-judicial or coram non judice criminal acts in the branch, w/the AG repeatedly refusing to assert her powers.
Adrasteia
March 13, 2015
Thank you for finding and posting the response from the AG regarding “jurisdiction.” Without knowing the details of the complaint to the AG, it is possible that the AG did not consider the complaint to be evidence of a crime, but rather fell into the category of an HR complaint. This is how I interpret the AG response set forth in the letter.
An optimistic perspective would have me believe that the AG’s letter is simply poorly written and that clarification should now be sought. Perhaps it is time to seek such clarification. Perhaps, contact should be made with the AG requesting an investigation into personal use of state vehicles by AOC employees. This is beyond an HR complaint. This falls into a request for a criminal investigation based on information set forth in the audit that substantiates personal use by government employees of state property, a crime. The fact that the auditor did not call it a crime should come as no surprise. Defining what is and is not a crime is a prosecutorial task, not the task of the Auditor.
When you don’t first succeed, try, try again.
Peppermint Pattie
March 13, 2015
That particular complaint to the Attorney General’s office involved the embezzlement of public funds in excess of $100,000 in the AOC’s HR Division, which the then Director of the AOC’s HR Division was directly involved in. The complaint included documentation and evidence of the embezzlement and the involvement of the Director of AOC’s HR Division. Bill Vickrey later admitted to the State Legislature that the embezzlement had happened, lied that the embezzlement was reported to law enforcement (it wasn’t), and not one thing was ever done about any of it. In fact, the HR Division Director was given a raise and a bigger office. Same thing for the other AOC managers and administrators involved in the embezzlement.
In 2014, the AG’s office sent an essentially identical letter in response to complaint, again with documentation and evidence, of double-invoicing taking place in the AOC’s court construction program. And the AG’s office sent yet another essentially identical letter in response to a complaint, again with documentation and evidence, of AOC managers who were renting out their state-paid parking space to third parties on a monthly or weekly basis and pocketing the cash.
And Justice California received a similar middle-finger salute in response to the complaint filed with the AG’s office regarding Jack Halpin, who sat on the bench for over 20 years in Shasta without ever being elected to that position for that entire time, via the protection of HRH I and HRH 2 and the AOC’s assigned judges program.
Walk a mile in those shoes, as others have done, and perhaps you will understand why those who work at the AOC have learned not to speak up or come forward. The only thing it ever results in is the people who speak up get fired and their careers ruined, while those engaging in all this misconduct get promoted and are awarded obscene pay raises.
Peppermint Pattie
March 14, 2015
An additional note: Bill Vickrey also told the State Legislature that the District Attorney had declined to prosecute anyone for the embezzlement. That embezzlement happened at the AOC’s office in San Francisco. The District Attorney for San Francisco at that time was none other than Kamala Harris. The very same Kamala Harris who is now the California Attorney General.
Judicial Council Watcher
March 13, 2015
Apparently in light of our pressure and pressure from other directions like the state auditor, the leadership of the AOC released the classification part of the classification study yesterday. Apparently everyone knows what their new title will be. They just don’t know what the new title pays yet.
unionman575
March 13, 2015
It will pay $$$ for very “important” work.
LOL
courtflea
March 13, 2015
Is that posted here JCW?
sharonkramer
March 14, 2015
Disgusting! “Bill Vickrey also told the State Legislature that the District Attorney had declined to prosecute anyone for the embezzlement. That embezzlement happened at the AOC’s office in San Francisco. The District Attorney for San Francisco at that time was none other than Kamala Harris. The very same Kamala Harris who is now the California Attorney General.”
I got the same treatment from the San Diego District Attorney, who claimed she had no jurisdiction to prosecute jurists who were issuing rulings, judgments and opinions; while knowing their courts had no subject matter jurisdiction and while knowing by doing so, they were aiding to defraud the U.S. public of billions of dollars. Harris refused to interceded.
As a result, it cost me all I own via fraud upon the court in California; while it took me TEN YEARS to cause the below noted scientific fraud to be removed from workcomp and toxic tort litigations all across the U.S. — with the help of a friend at OSHA.
https://katysexposure.wordpress.com/2015/03/09/workcompcentral-re-the-take-down-of-the-acoem-mold-statement/
And now Harris wants to represent California in decisions made by the United States Senate? YIKES!
sharonkramer
March 15, 2015
Quiet before the storm? Why am I getting the intuitive feeling that honest court employees have become a large simmering pot getting ready to boil – upon Hishimo’s statement to the legislature that it will take 20 years to change the “culture” in the CA judicial branch?