Posts Tagged ‘Tony Rackauckas’
Posted by Chris Emami on March 22, 2013
I was working on a database of the part affiliation of all Orange County local elected officials. Finally, I have completed the project with all of the special districts and county seats being added. I also fixed some errors in the previous versions (here, here, and here) and have combined the database into one post.
We have added a button on the menu bar for our readers to always be able to access this database and use it for whatever research/political needs that they may have. Due to the length of th epost you are going to have to click the below link to read the rest of the post.
Read the rest of this entry »
Posted in 1st Supervisorial District, 2nd Supervisorial District, 3rd Supervisorial District, 4th Supervisorial District, 5th Supervisorial District, Aliso Viejo, Anaheim, Anaheim City School District, Anaheim Union High School District, Brea, Brea Olinda Unified School District, Buena Park, Buena Park Library District, Buena Park School District, Capistrano Bay Community Services District, Capistrano Unified School District, Centralia School District, Coast Community College District, Costa Mesa, Costa Mesa Sanitary District, Cypress, Cypress School District, Dana Point, East Orange County Water District, El Toro Water District, Emerald Bay Service District, Fountain Valley, Fountain Valley School District, Fullerton, Fullerton Joint Union High School District, Fullerton School District, Garden Grove, Garden Grove Unified School District, Huntington Beach, Huntington Beach City School District, Huntington Beach Union High School District, Irvine, Irvine Ranch Water District, Irvine Unified School District, La Habra, La Habra City School District, La Palma, Laguna Beach, Laguna Beach Unified School District, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Los Alamitos Unified School District, Lowell Joint School District, Magnolia School District, Mesa Consolidated Water District, Midway City Sanitary District, Mission Viejo, Moulton-Niguel Water District, Municipal Water District of Orange County, Newport Beach, Newport-Mesa Unified School District, North Orange County Community College District, Ocean View School District, Orange, Orange County, Orange County Auditor-Controller, Orange County Board of Education, Orange County Board of Supervisors, Orange County Clerk-Recorder, Orange County District Attorney's Office, Orange County Water District, Orange Unified School District, Placentia, Placentia Library District, Placentia-Yorba Linda Unified School District, Rancho Santa Margarita, Rancho Santiago Community College District, Saddleback Valley Unified School District, San Clemente, San Juan Capistrano, Santa Ana, Santa Ana Unified School District, Santa Margarita Water District, Savanna School District, Seal Beach, Serrano Water District, Silverado-Modjeska Recreation and Park District, South Coast Water District, South Orange County Community College District, Stanton, Sunset Beach Sanitary District, Surfside Colony Community Services District, Surfside Colony Storm Water Protection District, Three Arch Bay Community Services District, Trabuco Canyon Water District, Tustin, Tustin Unified School District, Villa Park, Westminster, Westminster School District, Yorba Linda, Yorba Linda Water District | Tagged: Adam Nick, Al Jabaar, Al Mijares, Al Murray, Al Salehi, Al Shkoler, Alan Anderson, Alexa Deligianni, Alexander A. Ethans, Alfred A. Coletta, Alisa Cutchen, Allan Bernstein, Allan P. Krippner, Amy Hanacek, Amy Walsh, Anastasia Shackelford, Andrew Blount, Andrew Nguyen, Andy Montoya, Andy Quach, Angelica Amezcua, Anna Bryson, Anna L. Piercy, Annemarie Randle-Trejo, Anthony Petros, Arianna Barrios, Arlene Schafer, Art Brown, Art Perry, Audrey Yamagata Noji, Bao Quoc Nguyen, Barbara Dunsheath, Barbara J. Clendineng, Barbara Kogerman, Barbara L. Kilponen, Barbara Michel, Barbara Quintana, Bert Hack, Beth Krom, Beth Swift, Betsy Jenkins, Betty Escobosa, Betty H. Olson, Beverly Berryman, Bill Brough, Bill Hall, Bill Hinz, Bill Jay, Bill Kahlert, Bob Baker, Bob Gardner, Bob Harden, Bob Moore, Bob Whalen, Bonnie P. Castrey, Brad McGirr, Brad Reese, Brandon Jones, Brett Murdock, Brett R. Barbre, Brian Chambers, Brian Donahue, Brian Nakamura, Brian O'Neal, Brian Rechsteiner, Brian S. Probolsky, Bridget Kaub, Bruce Broadwater, Bruce Whitaker, Candi Kern, Carlos Olvera, Carmen Cave, Carol Downey, Carol Gamble, Carol Sundman, Carol Warren, Carrie Buck, Cathy Green, Cathy Schlict, Cecilia Iglesias, Celia Jaffe, Chad Wanke, Chalynn Peterson, Charles Gibson, Charley Wilson, Cheryl Brothers, Chris Brown, Chris Hamm, Chris Phan, Chris Thompson, Christina Shea, Christine Marick, Chuck Puckett, Claudia Alvarez, Cliff E. Breddon Jr., Connie Boardman, Constance Underhill, Craig Green, Craig Young, Cynthia Conners, Dana Black, Darin Barber, Dave Leckness, Dave Sullivan, David A. Boyer, David B. Lang, David Benavides, David Boyd, David Bridgewaters, David Brooks, David Giese, David Grant, David Gutierrez, David John Shawver, David W. Sloan, Dean Grose, Debbie Cotton, Deborah Pauly, Denis Bilodeau, Denis R. Bilodeau, Dennis Salts, Dennis Walsh, Derek Reeve, Diana Carey, Diana Fascenelli, Diana Hill, Diane Singer, Dick Dietmier, Dina Nguyen, Dolores Winchell, Don Sedgwick, Donald Froelich, Donald Karich, Donna Miller, Dore Gilbert, Doug Bailey, Doug Chaffee, Doug Davert, Douglas J Reinhart, Duane Dishno, Dwight Robinson, Edward A. Erdtsieck, Edward D. Selich, Elizabeth Gapp, Elizabeth Minter, Elizabeth Parker, Elizabeth Pearson, Ellen Addonizio, Ellery Deaton, Eric Padget, Esther H. Wallace, Ethan Temianka, Francine Pace Scinto, Frank Bryant, Frank Cobo, Frank Ury, Fred Bockmiller, Fred Smith, Fred W. Schambeck, Fred Whitaker, G. Henry Charoen, Gail Eastman, Gail Lyons, Gary A. Miller, Gary Kurtz, Gary Melton, Gary Monahan, Gary Pritchard, Gary Rubel, Gavin Huntley-Fenner, Gayle Carline, Gayle Mueller Winnen, Gene Hernandez, George West, Gerard Goedhart, Gerri Lee Graham-Mejia, Gina Clayton, Ginny Aitkens, Glenn Acosta Ed Mandich, Glenn Parker, Gordon A. Shanks, Graham Hoad, Greg Bates, Greg Mills, Greg Sebourn, Gregory F. Griffin, Helen Lee, Helen Walker, Hilda Sugarman, Ian Collins, Irv Trinkle, J. Scott Schoeffel, Jack Bedell, James "Jim" Gomez, James Atkinson, James H. Laird, James Vanderbilt, James Wright, Jamison Power, Jan Flory, Jan Vickers, Janet Nguyen, Janny Meyer, Jeanne Galindo, Jeff Cole, Jeff Lalloway, Jeff Thomas, Jeffrey Barke, Jeffrey P. Brown, Jeffrey T. Rips, Jennifer Fitzgerald, Jennifer McGrath, Jerard B. Werner, Jeremy B. Yamaguchi, Jerry L Haight C.L. Larry Pharris Jr., Jerry McCloskey, Jerry Patterson, Jerry Slusiewicz, Jesse Petrilla, Jill Hardy, Jim Bell, Jim Evert, Jim Ferryman, Jim Fisler, Jim Haselton, Jim Katapodis, Jim Moreno, Jim Reardon, Jim Righeimer, Jimmy Templin, Joan C. Finnegan, Joan Flynn, Joanne Baade, Joe Aguirre, Joe Carchio, Joe Rollino, Joe Shaw, Joel Rattner, John A. McDermott II, John Alpay, John Anderson, John B. Withers, John Briscoe, John Collins, John Dobson, John Dulebohn, John Hanna, John J. Collins, John Marconi, John Moorlach, John Nielsen, John Ortega, John Ortiz, John Palacio, John Taylor, John Woods, Jonathan W. Abelove, Jordan Brandman, Jose F. Moreno, Jose Hernandez, Jose Solorio, Jose Vergara, Joy L. Neugebauer, Judi Carmona, Judith A. Franco Walt Davenport, Judith Edwards, Karen Russell, Karen Yelsey, Karin M. Freeman, Katherine Smith, Kathryn L. Barr, Kathryn McCullogh, Kathy Iverson, Kathy Moffat, Katrina Foley, Keith D. Curry, Kelly H. Boyd, Ken Williams, Keri Ueberroth, Ketta Brown, Kevin Hobby, Kirk E. Bell, Kris Beard, Kris Murray, L. Carole Jensen, Lan Quoc Nguyen, Larry Agran, Larry D. Dick, Larry Kramer, Larry McKenney, Larry R. Lizotte, Laura Parisi, Lauren Brooks, Laurie Davies, Lawrence R. Labrado, Leonard L. Lahtinen, Leroy Mills, Leslie Daigle, Linda Habermehl, Linda Lindholm, Linda Navarro/Edwards, Linda Paulsen-Reed, Linda R. Weinstock, Lisa A. Bartlett, Lisa Collins, Lisa Jordan, Lisette Chel-Walker, Liz Steves, Lori Donchak, Lorraine Prinsky, Lucille Kring, Lynn Hatton, Lynn R. Davis, Lynn Thornley, Manny Ontiveros, Marcia Milchiker, Margie L. Rice, Margie Rice, Mariellen Yarc, Marilyn Buchi, Mark D. Wayland, Mark McCurdy, Mark Murphy, Mark Schwing, Mark Taylor, Martha Fluor, Marty Simonoff, Mary Aileen Matheis, Mary Fuhrman, Mary Hornbuckle, Mary Mangold, Mary Murphy, Matt Disston, Matt Harper, Meg Cutuli, Megan Harding, Melody Carruth, Michael Condiff, Michael F. Henn, Michael Farrell, Michael H. Simons, Michael J. Beverage, Michael Levitt, Michael Matsuda, Michael Maynard, Michael Parham, Michael Vo, Michele Martinez, Miguel Pulido, Mike Alvarez, Mike Blazey, Mike Munzing, Mike Safranski, Mike Scheafer, Miller Oh, Milton W. Robbins, Molly McClanahan, Nancy Gardner, Nancy Padberg, Nathan Zug, Nelida Yanez, Noel Hatch, Nora Straight, Pat Bates, Patricia "Trish" Kelley, Patricia Ganer, Patrick Melia, Patrick Ochoa, Paul Bokota, Peer A. Swan, Peter Herzog, Peter Kim, Phil Hawkins, Philip L. Anthony, Phillip B. Tsunoda, Phillip E. Yarbrough, Prakash Narain, Randal Bressette, Rebecca Gomez, Rhoads Martin, Rhonda Reardon, Ric Collett Jon H. Regnier, Richard B. Bell, Richard Barnett, Richard DeVecchio, Richard E. Barrett, Richard Freschi, Richard Murphy, Richard Runge, Richard S. Fiore, Rick Erkeneff, Rick Kiley, Rick Ledesma, Rigoberto Ramirez, Rob Johnson, Rob Richardson, Robert "Bob" Ring, Robert A. Singer, Robert Hammond, Robert Hendler, Robert Ming, Robert N. Hathaway, Robert Ooten, Rodney Todd, Roger C. Yoh, Roger Faubel, Roman Reyna, Ron Joseph Garcia, Ron Shepston, Ronald Casey, Rose Espinoza, Rosemary Saylor, Ross Chun, Roy Byrnes, Roy Moore, Rush Hill, Sal Tinajero, Sam Allevato, Samuel Van Hamblen, Sandi Baltes, Sandra Crandall, Sandra Hutchens, Sandra Jacobs, Sandy Blumberg, sandy genis, Scott Colton, Scott Goldman, Scott O Davis, Scott Voigts, Scott William Nelson, Sergio Contreras, Shari Freidenrich, Shari Kowalke, Sharon H. Brown, Sharon Wallin, Shawn Dewane, Shawn Nelson, Stephen R. Sheldon, Steve Baric, Steve Berry, Steve Blount, Steve Dicterow, Steve Harris, Steve Hwangbo, Steve Jones, Steve Mensinger, Steve Nagel, Steve Shanahan, Steven Choi, Steven E. LaMar, Steven H. Weinberg, Susan Henry, Susan Hinman, Suzie Swartz, Tammie K. Bullard, Ted F. Martin, Teresa Hampson, Theresa O'Hare, Thomas Prendergrast, Tim Brown, Tim Jemal, Tim Shaw, Tim Surridge, Tita Smith, Todd Spitzer, Tom Beamish, Tom Lindsey, Tom Smisek, Tom Tait, Tony Beall, Tony Iseman, Tony Rackauckas, Tracy L. Pellman, Tri Ta, Troy Edgar, Tyler M. Diep, Valeri Peters Wagner, Van Jew, Victor J. Kriss, Vince Sarmiento, Warren Kusumoto, Wayne A. Clark, Wayne Osborne, Wayne Rayfield, Webster Guillory, Wendy Leece, William "Bill" Phillips, William Brutton, William C. Poe, William H. Kahn, William Landsiedel, William R. Hart, William VanderWerff, Woody Rickerl | 5 Comments »
Posted by Chris Emami on March 13, 2013
The office of Orange County DA Tony Rackauckas has issued an official press release regarding Lake Forest Councilman Peter Herzog being arraigned for DUI. I first informed our readers about it here in this post.
Here is what was released from the office and for those who keep asking me I am not related to Farrah Emami who works in their office.
LAKE FOREST CITY COUNCIL MEMBER TO BE ARRAIGNED FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL
NEWPORT BEACH – A Lake Forest City Council member is scheduled to be arraigned tomorrow for driving under the influence of alcohol with a blood alcohol content of .18 percent, more than twice the legal limit. Peter Alan Herzog, 57, Lake Forest, is charged with one misdemeanor count of driving under the influence of alcohol and one misdemeanor count of driving with a blood alcohol level of .08 percent or more with a sentencing enhancement allegation for having a blood alcohol level of .15 percent. If convicted, Herzog faces a sentence ranging from probation up to six months in jail. He is scheduled to be arraigned tomorrow, Thursday, March 14, 2013, at 8:30 a.m. in Department H-8, Harbor Justice Center, Newport Beach.
At approximately 8:15 p.m. on Nov. 17, 2012, Herzog is accused of making a left turn from Portola Parkway onto Lake Forest Drive and driving on the wrong side of the road. The defendant is accused of driving over the center median to get back on to the westbound lanes. Herzog is then accused of making a wide left turn from Lake Forest Drive on to Regency Lane and hitting the right side of the curb. The defendant is accused of crossing into the opposing lane of traffic swerving back and forth across lanes until he arrived at his home.
Motorists reported the driving to the Orange County Sheriff’s Department, who investigated this case, and arrested the defendant at his home. The defendant is accused of displaying objective signs of intoxication including bloodshot and watery eyes, slurred speech, strong odor of alcohol, and unsteady balance. At approximately 10:30 p.m., the defendant is accused of having a blood alcohol content of .18 percent.
Deputy District Attorney Joe Koller is prosecuting this case.
Posted in Lake Forest, Orange County, Orange County District Attorney's Office | Tagged: Peter Herzog, Tony Rackauckas | Leave a Comment »
Posted by Chris Nguyen on December 20, 2012
Former Orange County Assistant Sheriff Don Haidl died of unspecified natural causes at Hoag Hospital at the age of 61. Haidl is best remembered for his roles in two of Orange County’s most high-profile trials of the last decade: as the father of Gregory Haidl who was convicted of sexual assault and for wearing a wire to record Sheriff Mike Carona in the corruption probe that sent Carona to federal prison.
Haidl had become Assistant Sheriff in 1999 as part of the “Three Amigos:” Carona, Haidl, and Assistant Sheriff George Jaramillo. Independently wealthy, Haidl did not accept a salary as Assistant Sheriff. Haidl admitted to funneling illegal campaign contributions and numerous personal gifts to Carona and to providing money to Carona’s mistress.
The rape trial of Haidl’s son, Gregory, marked the beginning of the end of the “Three Amigos.” In 2002, 17-year-olds Gregory Haidl, Kyle Nachreiner, and Keith Spann video taped their sexual assault of an unconscious 16-year-old girl in Don Haidl’s home. After the first trial in 2004 deadlocked, Don Haidl resigned from the Sheriff’s Department to focus on his son’s defense, convinced that his position as Assistant Sheriff had caused his son to be treated more harshly by the media and criminal justice system. During this time, he engaged in a tax fraud scheme in order to recoup part of the money he used to pay his son’s legal bills.
During this time, Carona urged Jaramillo to obtain leniency for Haidl’s son by intervening with District Attorney Tony Rackauckas. Jaramillo initially refused but eventually attempted to intervene in the case. Rackauckas rebuffed Jaramillo and refused to grant Haidl’s son any favors, and the trial proceeded. After a series of other issues involving abuse of a Sheriff’s Department helicopter and controversy over his relationship with a company attempting to gain contracts with law enforcement agencies, Carona fired Jaramillo in 2004, just a few months before Haidl resigned.
In 2007, Haidl wore a wire three times to record, among other things, Carona’s efforts to coordinate their testimony regarding money funneled to Carona. The tapes would prove critical to convicting Carona of witness tampering in 2009, a year after Carona resigned as Sheriff to focus on his own legal defense. Sandra Hutchens was appointed Sheriff by the Board of Supervisors to replace Carona and still holds the post to this day.
Carona remains in federal prison on the 2009 witness tampering conviction. Jaramillo pleaded guilty to mail fraud and filing a false tax return in 2007 and was released in 2011 after serving time in federal prison and a halfway house. Haidl pleaded guilty to tax fraud in 2010 but was spared any prison time due to his cooperation in the Carona investigation and trial.
Posted in Orange County | Tagged: Don Haidl, George Jaramillo, Gregory Haidl, Keith Spann, Kyle Nachreiner, Mike Carona, Sandra Hutchens, Tony Rackauckas | 1 Comment »
Posted by Chris Nguyen on August 16, 2012
Raghu P. Mathur
With the retirements of Councilmen Joel Lautenschleger and Allan Songstad, for the first time in the history of Laguna Hills, the majority of the City Council will not be members of the inaugural City Council that took office in 1991. Five candidates have filed to replace Lautenschleger and Songstad, and all but one is a major contender.
In alphabetical order by last name (with their ballot designations), the candidates are:
- Andrew Blount (R) - Small Business Owner
- AJ Djowharzadeh (R) - Small Business Owner
- Dore Gilbert (R) – Physician/Army Reservist
- Bill Hunt (R) – Small Business Owner
- Raghu P. Mathur (R) – University Administrator/Educator
We can quickly rule out AJ Djowharzadeh (R), who won 6% of the vote in his 2010 bid for Laguna Hills City Council.
The major contenders are:
- Blount is a businessman who’s launched real estate, financial analysis, and software companies. Blount’s gathered the endorsements of various elected officials, including District Attorney Tony Rackauckas, Assemblyman Jim Silva, and various City Councilmembers from across Orange County.
- Gilbert is a former Trustee on the Saddleback Valley Unified School District, serving from 1981-2010. He is a doctor who joined the Army at the age of 60 and is currently a Lieutenant Colonel in the United States Army Reserve.
- Hunt is the former Orange County Sheriff’s Lieutenant who unsuccessfully challenged incumbent Sheriff Mike Carona in the 2006 election. As an OCSD Lieutenant, he served as the de facto Chief of Police for San Clemente. Carona demoted him after the election, and Hunt elected to leave the department instead. After Carona resigned in 2008 in the face of a 66-count federal corruption indictment, Hunt sought the appointment to be Orange County Sheriff, but the Board of Supervisors appointed Sandra Hutchens instead. Hunt unsuccessfully challenged Hutchens in the 2010 election. He now owns a private investigation business in Laguna Hills. Hunt’s gathered the endorsements of various elected officials, including Senator Mimi Walters, Assemblyman Don Wagner, the majority of the Laguna Hills City Council, and various City Councilmembers from South Orange County.
- Mathur is the former Chancellor of the South Orange County Community District, the former President of Irvine Valley College, and a former Trustee on the Saddleback Valley Unified School District, serving from 1983-1992. Mathur has gathered the endorsements of various elected officials, including District Attorney Tony Rackauckas, Orange County Board of Education President Dr. Ken Williams, and several City Councilmembers from across Orange County.
Posted in Laguna Hills | Tagged: AJ Djowharzadeh, Allan Songstad, Andrew Blount, Bill Hunt, Don Wagner, Dore Gilbert, Jim Silva, Joel Lautenschleger, Ken L. Williams Jr., Mike Carona, Mimi Walters, Raghu P. Mathur, Tony Rackauckas | 2 Comments »
Posted by Jon Dumitru on July 12, 2012
Here is our latest press release:
Orange County District Attorney Tony Rackauckas Joins Growing List of Dumitru Supporters
Orange, CA (July 11, 2012) – Public safety officials are starting to coalesce behind Jon Dumitru, candidate for Orange Mayor. District Attorney Tony Rackauckas has joined a growing list of supporters for the Dumitru Campaign.
“My career has been based on prosecuting criminals who have committed some of the most heinous acts. It is important to make sure that our local elected leaders are going to be tough on crime,” Rackauckas said. “Jon Dumitru is a man that will make sure that Orange has the right policies in place to make it a safer city.”
“Tony Rackauckas has been a great District Attorney in standing up to violent criminals,” Dumitru said. “I am honored to have him stand with me to make sure that Orange becomes a safer city.”
As a member of the Orange City Council, Dumitru has led Orange as the fiscally proven member of the Council. His voting record as a Councilmember reflects his pledge for “No New Taxes” and the fiscal viability of the City of Orange.
Jon serves his constituents as their consistent voice on the board, promoting traditional family values, public safety and high academic standards in local schools.
First elected in 2004 and re-elected in 2008, Dumitru is the leading conservative on the City Council of Orange, which is one of America’s most conservative cities. A home-grown civic leader active in numerous non-profit organizations and charities, Dumitru attended Orange public schools and currently works for the Orange County Fire Authority in the Emergency Command Center coordinating firefighters and paramedics.
Posted in Orange | Tagged: Jon Dumitru, Tony Rackauckas | Leave a Comment »
Posted by Chris Nguyen on July 3, 2012
Carlos Bustamante’s Mugshot
Clearly, the biggest news in OC politics this week is the arrest of Councilman Carlos Bustamante (R-Santa Ana) on twelve felony counts, including six counts of false imprisonment, three counts of assault with the intent to commit a sexual offense, one count of stalking, one count of attempted sexual battery by restraint, and one count of grand theft by false pretense. Additionally, there were four misdemeanor counts and a sentencing enhancement added.
These charges are in connection with his time as Director of Administrative Services for OC Public Works.
Listed with the occupation of consultant on his booking record, Bustamante was released on $100,000 bail last night at 11:25 PM.
District Attorney Tony Rackauckas will be holding a press conference at 9:30 AM this morning to discuss the Bustamante case in greater detail.
Gustavo Arrellano at OC Weekly reports that Bustamante has a court appearance on Thursday.
Whatever is the end result of his felony prosecution will be between him, his lawyers, and the DA’s office, and possibly, a jury.
However, as Bustamante is a councilman, we will now take a look at the political implications of his arrest. He is almost assuredly not going to run for a third term in November. Even if he does run, he will lose, unless he gets a very extreme split of the anti-incumbent vote (remember, Judge Ronald Kline still received 35% of the vote after being publicly accused of child molestation and being indicted for possessing over 100 images of child pornography).
Assuming Bustamante does the rational thing and does not seek re-election, what happens to Bustamante’s seat in the meantime? Will it go vacant? According to Government Code Section 1770, there are 12 ways in which a city councilmember’s seat can become vacant:
An office becomes vacant on the happening of any of the following events before the expiration of the term:
(a) The death of the incumbent.
(b) An adjudication pursuant to a quo warranto proceeding declaring that the incumbent is physically or mentally incapacitated due to disease, illness, or accident and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of his or her office for the remainder of his or her term. This subdivision shall not apply to offices created by the California Constitution nor to federal or state legislators.
(c) His or her resignation.
(d) His or her removal from office.
(e) His or her ceasing to be an inhabitant of the state, or if the office be local and one for which local residence is required by law, of the district, county, or city for which the officer was chosen or appointed, or within which the duties of his or her office are required to be discharged.
(f) His or her absence from the state without the permission required by law beyond the period allowed by law.
(g) His or her ceasing to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness, or when absent from the state with the permission required by law.
(h) His or her conviction of a felony or of any offense involving a violation of his or her official duties. An officer shall be deemed to have been convicted under this subdivision when trial court judgment is entered. For purposes of this subdivision, “trial court judgment” means a judgment by the trial court either sentencing the officer or otherwise upholding and implementing the plea, verdict, or finding.
(i) His or her refusal or neglect to file his or her required oath or bond within the time prescribed.
(j) The decision of a competent tribunal declaring void his or her election or appointment.
(k) The making of an order vacating his or her office or declaring the office vacant when the officer fails to furnish an additional or supplemental bond.
(l) His or her commitment to a hospital or sanitarium by a court of competent jurisdiction as a drug addict, dipsomaniac, inebriate, or stimulant addict; but in that event the office shall not be deemed vacant until the order of commitment has become final.
He’s alive (a), he’s not incapacitated (b), he filed his oath years ago (i), his election was valid (j), his office does not require an additional bond (k), and he has not been committed to a hospital or sanitarium (l).
If (e) or (f) apply, then he will be a fugitive from the law, as I’m pretty sure he’s not allowed to leave the jurisdiction.
He cannot be recalled (d), as Elections Code Section 11007(c) prohibits recalls when there’s less than six months left in an elected official’s term.
That leaves us with (c), (g), and (h). However, (g) is overridden by the stricter Santa Ana City Charter Section 403:
If a member of the City Council absents himself from all regular meetings of the City Council for a period of sixty (60) days consecutively from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, his office shall become vacant and shall be so declared by the City Council.
So that leaves us with California Government Code Section 1770(c) and Section 1770(h), along with Santa Ana City Charter Section 403:
- Now, (c) is the most straightforward: Bustamante can resign, or he can hang on to office as the legal proceedings on his charges move forward.
- Subdivision (h) depends on the outcome of his criminal proceedings: if he pleads guilty to at least one of the felonies or if he’s convicted, then (h) will occur.
- With City Section 403, he’s already missed the July 2 Council meeting because he was arrested on his way to that meeting. If he misses the July 16, August 6, and August 20 meetings, then he will have absented himself from council meetings for sixty days. The council could then declare his seat vacant at the September 3 meeting, though there’d only be two months until the election to fill his seat for the normal four-year term. If he shows up to just one of those three meetings, then Section 403 will be rendered inoperative.
The other part of Section 403 of the Santa Ana City Charter reads:
In the event of a vacancy in the City Council, for whatever cause, the City Council shall declare the office vacant and fill the same by appointment. In each case the person so appointed shall hold office until the next general municipal election and until his successor is elected and qualified for the remainder of an unexpired term. Such appointee must, at the time of his appointment and continuously for one (1) year prior thereto, have been and be a resident of the ward from which his predecessor was elected. If the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such an office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy.
In essence, if the Council fails to make an appointment within 30 days of the vacancy, then they will trigger an election. I would note Bustamante’s term expires five months from today. Filing for most offices closes on August 10, but for races where an eligible incumbent chooses not to file (e.g. Bustamante), the deadline is extended to August 15.
If Bustamante resigns before August 15, it’s still possible for the Santa Ana City Council to appoint someone to Bustamante’s seat in time for candidate filing. If he resigns after that, they could appoint a caretaker or one of the candidates but that person would not have the incumbent designation on the ballot.
Posted in Orange County, Orange County District Attorney's Office, Santa Ana | Tagged: Carlos Bustamante, Gustavo Arrellano, Ronald Kline, Tony Rackauckas | 6 Comments »
Posted by Chris Nguyen on July 2, 2012
The Office of District Attorney Tony Rackauckas has issued a media advisory indicating that Santa Ana City Councilman Carlos Bustamante (the former Director of Administrative Services for OC Public Works) has been arrested for twelve felonies: grand theft by false pretense, stalking, attempted sexual battery by restraint, three counts of assault with the intent to commit a sexual offense, and six counts of false imprisonment. The arrest also included four misdemeanors and a sentencing enhancement, according to the media advisory:
Orange County District Attorney
WHO: Orange County District Attorney (OCDA) Tony Rackauckas
WHAT: Will hold a press conference to discuss the criminal charges against Santa Ana City Councilman and former administration manager for Orange County Public Works Carlos Bustamante.
Bustamante was arrested today, Monday, July 2, 2012, at 4:30 p.m. by OCDA Investigators on six felony counts of false imprisonment, three felony counts of assault with the intent to commit a sexual offense, one felony count each of stalking, attempted sexual battery by restraint, and grand theft by false pretense, and one misdemeanor count each of battery, assault, sexual battery, and attempted sexual battery with a sentencing enhancement allegation for committing the offenses as a result of sexual compulsion and for the purpose of sexual gratification.
WHEN: Tomorrow, Tuesday, July 3, 2012, at 9:30 a.m.
Media will be permitted to set up beginning at 8:00 a.m.
WHERE: Law Library of the OCDA’s Office, 401 Civic Center Drive W., Santa Ana
Here’s the coverage from the local news media:
Here’s The Liberal OC‘s post on the Bustamante arrest.
The Associated Press has the story too, as shown here in the San Jose Mercury-News.
Elected in 2004, Bustamante is the Santa Ana Council’s sole Republican. He is eligible to run for a third term, but this arrest makes that campaign extremely unlikely.
Posted in Orange County, Orange County District Attorney's Office, Santa Ana | Tagged: Carlos Bustamante, Tony Rackauckas | 7 Comments »
Posted by Chris Emami on May 30, 2012
In a disappointing news release that just went out from the office of District Attorney Tony Rackauckas, it has been announced that Buena Park Councilman Miller Oh has been charged with six felony counts of perjury. This stems as a result of him allegedly using fraudulent information on DMV documents to get out of paying for child support. OC Political readers should know that we understand he is innocent until proven guilty, but this certainly does not look good.
Here is the press release:
BUENA PARK CITY COUNCIL MEMBER CHARGED WITH DMV DOCUMENT PERJURY TO AVOID CHILD SUPPORT PAYMENTS
SANTA ANA – A Buena Park City Council Member has been charged with repeatedly committing perjury on California Department of Motor Vehicles (DMV) documents to avoid paying child support to his ex-wife. Sangjin Miller Oh, 48, is charged with six felony counts of perjury by declaration and faces a maximum sentence of six years and four months in state prison if convicted. Oh will be arraigned on the charges at a later date to be determined.
Between Sept. 23, 2004, and July 20, 2009, Oh is accused of committing perjury on six occasions by signing official DMV documents using fraudulent information. The defendant is accused of committing this crime with the intention of avoiding child support payments to his ex-wife by hiding his assets under his false name.
On one occasion, Oh is accused of applying for a driver’s license under the name Robert Oh and fraudulently failing to disclose that he had previously applied for a license under a different name, as required by law. On another occasion, Oh is accused of fraudulently failing to disclose that his license had previously been suspended. On four other occasions, Oh is accused of using his fraudulently obtained license to register vehicles.
This case was investigated by the DMV, Orange County District Attorney’s Office, and Social Security Administration Office of the Inspector General.
Senior Deputy District Attorney John Christl of the Special Prosecutions Unit is prosecuting this case.
Posted in Buena Park, Orange County District Attorney's Office | Tagged: Miller Oh, Tony Rackauckas | 3 Comments »