Judge it!
"...But there was no Brown Act violation, he said. "The e-mail itself is innocuous."
No, it was the individuals constitutional rights guaranteed in the 14 amendment that were violated. Right to a fair hearing (due process)
Due Process. In all procedural functions of local government, whether legislative,
administrative or quasi-judicial, the council must accord due process to the citizens.
This term is not subject to precise definition, but in general means confirming to
fundamental principles of justice and constitutional guarantees. Unfair determinations,
such as bias, predetermination, refusal to hear one person’s side, failure to explain the
basis for council action, and so on, are examples of failure to accord “procedural due
process” and may invalidate some kinds of council action.“Substantive due process”
means city action may not be arbitrary or capricious...
www.TheAvocadoExpress.com where you always see it first!
Jun 2, 2009 | Posted by: NewsStar
DA warns La Habra Heights mayor after email reveals plan to "craft" agenda item against resident.
Full story: www.whittierdailynews.com
LA HABRA HEIGHTS - The Los Angeles County District Attorney's Office has sent a warning letter to Mayor Howard Vipperman, saying an e-mail he sent to fellow Councilman Layne Baroldi and city staff could have led to a violation of the state's open-meeting law.
Vipperman's e-mail said he wanted the council to reconsider action on building a new home at 1454 Kashlan Road.
"I would like to put it back on the agenda," Vipperman stated in the April 28 e-mail. "I would like to not take public comments if possible. I would like an agenda item crafted to amend our previous decision by removing any conditions. Specifically deny the appeal" -Howard
Jennifer Lentz Snyder, assistant head deputy for the District Attorney's Office, stated in her May 20 letter to Vipperman that a violation of the Ralph M. Brown Act had not occurred but that Vipperman may have violated the spirit of the law.
"(But) the nature of the request memorialized in the subject e-mail strongly suggests a desire to subvert the open decision-making process and shut down the public discourse on a matter," stated Snyder said Monday. "You can't avoid public comment," she said. "You always have public comment."
"I'm really not at liberty to discuss the e-mail...It's privileged."
But there was no Brown Act violation, he said. "The e-mail itself is innocuous." Vipperman said.
The issue was over a home that the council had denied an appeal at its April meeting, but also asked the property owner to lower it by 7 feet to avoid obstructing neighbors' view.
During the May meeting, the council voted 2-2, thus denying an appeal of the neighbors allowing construction of the 3,819-square-foot home.
Read the letter sent to Vipperman by the L.A. County District Attorney's Office and the email Howard Vippermans sent to Councilman Layne Baroldi and city staff at www.LaHabraHeights.net (click here)
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I don't think he had any intention of violating the Brown Act. He is just ignorant in the laws of local government. The La Habra Heights City Council has had a long history of similar gaffs.
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Sure, maybe he never intended to violate the Brown Act, but he certainly violates the community for which he serves. Who really knows this guy and his power weilding position he asserts on anything and everything he dislikes? The ones who know certainly know his tactics. Whatever secrecy was intended with the infamous email reveals just that, a secret decision to predetermine an outcome of something which Mr. Vipperman got caught with his pants down. Back stepping now to say the email was privileged...Yeah, that sounds good. Resign Mr. Vipperman, do us all a favor and get the vote back in council meetings balanced and fair. |
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"the email itself is innocuous"
If the email was innocuous, why did Vipperman say that a resident trying to read it was breaking the law?<br><br> Why did Vipperman threaten to stop the meeting so the email wouldn't be read?<br><br> See the 3 minute video of that part of the meeting and decide for yourself how innocuous it was.<br><br> http://www.lahabraheights.net/News/VippermanC... <br><br> The article left out the most incriminating part of the email, where Vipperman says, "Specifically, deny the appeal."<br><br > A property owner had to spend over $4000 to have his appeal heard, and the mayor was telling the staff to craft the appeal so it would be denied!<br> As stated above, that is a failure of due process<br><br>The City has had a stream of Brown Act and procedural violations under Vipperman's Mayorship, as well as an unbridled crackdown on citizens' who dare to voice an opinion.<br><br> You can see the video clips, including one where he call La Habra Heights residents, "stupid, stupid people" at www.lahabraheights.net |
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Guess it is about time someone starts paying attention. Discovered this morning. I certainly would like more information on the Kashlan project that brought this to the forefront. What happened? Why were the applicants appealing? and most important, why would Vipperman want to deny it without a hearing or comment? How much monies did the Kashlan people spend so far trying to get approval? I checked out LHH.net , saw the 3rd bandito Westerhoff was absent, and the email was also written to 2nd bandito, Baroldi. I smell a stinky fish because both bandito's Baroldi and Westerhoff were on the planning commission in the past? Can anyone shed any light on what this Kashlan property is really all about? Is it because Westerhoff, McCoy and Vipperman all live on Kashlan? Just looks terrible all the way around.
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“Exclusive Investigation!” Joined: Jun 24, 2007 Comments: 21 La Habra Heights ISP: Baldwin Park, CA |
Can't get enough of La Habra Heights?
Twitter us at: www.twitter.com/LaHabraHeights Or visit: www.TheAvocadoExpress.com EOM |
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Judged: 
1 The City Attorney tells the DA that his request to "Not have public comments", was only a way to make the meeting more efficient. His demand to "craft" the agenda item to "specifically. deny the appeal", was not a predetermination and denial of due process to the resident who had paid $4000 to have a hearing, but was only a query about the complicated issue of how to reconsider an item. Of note, the Council approved the response letter after stating that none of them, other than Mayor Vipperman, had received a copy of the DA's warning letter to the Mayor. How did they decide a response was needed if they never read it? Mayor Vipperman stated he was happy with the letter, after taking pains to have the city attorney acknowledge that he had not asked her to write it. |
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The point everyone is missing (because George is having so much fun misrepresenting the situation and creating furor -as usual) is that the e-mail was privileged communications between a client and their lawyer - called - client, attorney privilege.... Duh.
Anyone thinking all this through will realize that the entire matter was rendered moot because the item was on the agenda and it was being discussed. Just because George illegally obtained and read a confidential document on the air folks are putting Mayor Vipperman on the hot seat instead of George who broke the law!!! Where are all these Law Abiding folks who should be ensuring that the District Attorney holds George legally accountable for HIS actions??? |
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Illegally obtained and read a confidential document? What planet did you step off of? Mr. Blagden obtained the offending email through public records (FOIA)...Duh! Just a fact. Broke what law? What law was broken by George? Or by Mr. Blagdon for that matter? Informing the public after the fact? The only law potentially broken was by Mr. Vipperman who should watch his step. Mr. Edwardz certainly is accountable for his actions, he and Mr. Blagdon are letting the community know about potential threats to the community by the hand of the yo-yo's who sit on council. That is a good and wonderful thing for the community. If the email was priviledged, as it was not, then the only people to blame for letting the corruption escape is the city staff, right? They screwed up. Right? Or did it conveniently become privileged after the exposure? That makes total sense considering the source. This must be Mrs. Vipperman making another outlandish, cruel, baseless and horrific accusation again. Get a life outside of LHH, pluzee! Anyone who was at the city council meeting knows for a fact that 2 prudent council members, Bergman and Carroll were worried that the city attorney's response would only open another can of worms. It probably will. The residents should be outraged that city attorney costs were billed and the residents are paying....again. Vipperman should resign. |
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AOL |
I participated at the recent meeting. Very long but worth the time. Proactive residents claiming their right to preserve the ruralness of the city and opposing cement and traffic. Not being able to hear the comments on the agenda regarding the DA, I am surprised by what is being said here. It is interesting that the council is attempting to whitewash the truth. It certainly is not George or Steve. That is no surprise that the city representatives are hiding the truth, but disheartening at best. It made me stop to think about many of the Vipperman's parties (yawn), and their cramming and stuffing of animals in a cage and how inhuman that was. More troubling, is the fact that the Lost Animal Network supports the Vippermans. The inhumane treatment of these poor animals stuffed in a small cage is basically how the Vipperman's treat people. It is horrible and anyone who has been to their parties, also have pictures of these helpless, God given creatures in unGodly conditions. PETA should be aware. It is only right, because treating animals that way is not only wrong, it is abuse. It goes a long way to how the Vippermans treat people, but to treat animals that way is just wrong. Sweet loving animals. It is just awful. It makes me cry. Worse, is the Lost Animal Network has not done anything for those poor confined, imprisoned creatures. Anyone at these parties know the Vippermans have multiple acres, yet cram many types of animals in a small cage. It must be over politics and favortism that the Lost Animal Network does nothing. Makes my heart bleed.
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“Exclusive Investigation!” Joined: Jun 24, 2007 Comments: 21 La Habra Heights ISP: Orange, CA |
Breaking News!
An email, written by La Habra Heights Mayor Howard Vipperman, asking staff to "craft" an agenda item against a resident, is cited as a key finding in a lawsuit against the City. The lawsuit was filed on June 11, 2009, in Los Angeles Superior Court. Email from Howard Vipperman to City Staff and Councilmember Layne Baroldi posted below. "I would like to put it back on the agenda," Vipperman stated in the April 28 e-mail. "I would like to not take public comments if possible. I would like an agenda item crafted to amend our previous decision by removing any conditions. Specifically deny the appeal" -Howard More to come! www.TheAvocadoExpress.com EOM |
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Is this some twilight zone comment? Someone uncovers corruption and scheming against the residents, and it is the person who reveals it who broke the law? If that were true, which it isn't, the law would need to be changed. Tres Amigos o Bandidos? |
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Karen Vipperman for sure, yeah, no doubt. The only other one claiming attorney client privilege, which is so lame was the city attorney and of course Nurse Ratchet Howard Vipperman. Maybe Karen thought all would think it is Sandra Levin posting here with this content. They think everyone is dumber than the dumbest, them. |
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“Exclusive Investigation!” Joined: Jun 24, 2007 Comments: 21 La Habra Heights ISP: Baldwin Park, CA |
Read the lawsuit filed against City of La Habra Heights after an email from Mayor Howard Vipperman was made public. at: www.TheAvocadoExpress.com
Source: www.twitter.com/LaHabraHeights EOM |
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Looks like an attorney felt there was enough of a case of violation of due process to file a lawsuit. More information on the City Council attempt to "Whitewash" Vipperman's deeds and a newly surfaced incriminating Vipperman email showing favoritism toward developers can be seen at www.lahabraheights.net |
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Over the Top/AOL states
The Lost Animal Network supports the Vippermans;the Lost Animal Network has not done anything for Vippermans poor confined, imprisoned creatures; and it must be over politics and favoritism that the Lost Animal Network does nothing. Since its inception, the Lost Animal Network has done so much good for everyone in La Habra Heights. With so many people in the Heights, taking sides it is not easy to avoid the political quagmires, but this good hearted service is truly for all of us. And its one director puts in an inordinate amount of time and good will. She is not an investigator nor does she seek to inspect our properties. Over the phone, the director coordinates many of our community members, local veterinarians, pet store owners and out of town resources. Lost pets are rescued and returned to grateful owners. Strays, dumped or feral animals and ones that have been hurt are saved, and foster and new homes are found. You made serious assumptions; the ones that are listed above. The Director works hard to stay out of all the local politics and her health limits her mobility. Before jumping to erroneous conclusions, you need to appreciate what she has done for so many. If you are aware of any pets being mistreated, there are appropriate ways to voice your concern and take action. Just do not diminish the enormous work and success of one volunteer who provides a special program for all our residents. |
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AOL |
No one is saying what you are implying. What is being said, and what you are saying is: Lost Animal Network does enough and should not have to report animal abuse or inhumane treatment of animals when it is a friend or a politician involved. That would be my responsibility because you are presuming I do not volunteer or will not take proactive measures on something like that. To assume defensively and accusing that I am diminishing the enormous work and success of one volunteer, i.e. Lost Animal Network, not in the least, but in this one instance, yes. Turning a blind eye to the Vipperman's crowded, caged, inhumane treatment of animals, and knowing the same, and doing nothing, yes, diserves critisism. Is it the end of the world or a viable threat to the Director? No, only for the poor animals. So I will be the one who makes an inquiry for an investigation. Hope that makes you feel better. You too, should think about those poor animals. Obviously you are also aware they are crowded and caged because of your comments. |
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Gotta love this city! The e-mail that is causing all this furor was clearly between the city attorney and the mayor - it was clearly a letter between a client and his attorney - it was mistakenly placed in a public folder. Any honest person would note that such a letter should not be in that folder and point that out to the city staff that mistakenly placed it said folder.
Stephen and George may have posted the letter which was wrong, but, you will all note that Stephen respected the law and did not pursue the matter at the council meeting - he may be part of fanning the flames now, but he was not part of the deliberate breaking of the law-in public. George did not have any conscience or compunction to follow suit. As I said before - the responce from the city attorney to the mayor pointed out the what was legally correct and her advice was followed. Frankly, how many of you want to sit through all the same arguments droning on and on? As for the animal keeping - that's just foolish! Your animals should be treated so well!! |
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I guess the District Attorney would disagree with you. In a Whittier Daily News article today, the District Attorney was asked her opinion on the attorney-client privilege ploy the City is using. "She also rejected the idea that the e-mail was privileged because it's attorney-client privileged, saying there was nothing in it that suggested that." The wrongdoing was not done by those revealing scheming against an appellant. Read the WDN article here: http://www.whittierdailynews.com/rds_search/c... |
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AOL |
Hot off the Whittier Daily News Website Jennifer Lentz Snyder, assistant head deputy for the District Attorney's Office, said Vipperman's letter didn't violate the law. "(But) there were certainly some aspects of the request that don't serve open and transparent government," she said. "We are absolutely steadfastly dedicated to ensuring the integrity of our evaluation process," Snyder said. "There's something counterintuitive about meeting with public officials behind closed doors when the very subject matter is open transparent meetings." She also rejected the idea that the e-mail was privileged because it's attorney-client privileged, saying there was nothing in it that suggested that. |
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