The Spokane Record

Recently, I received an email from Larry Shook addressed to Chad  at Envision Spokane and sent to an odd grouping of people.  Here is the message and the grouping:

From: Larry Shook <lwshook@gmail.com>
Date: Thu, Sep 24, 2009 at 11:53 AM
Subject: Re: Strengthening Our Economy - Yes on Proposition 4
To: chad@envisionspokane.org
Cc: Stacey Cowles <staceyc@spokesman.com>, “Verner, Mary” <MVerner@spokanecity.org>, CityCouncil@spokanecity.org, Anne Kirkpatrick <akirkpatrick@spokanepolice.org>, “Knezovich, Ozzie” <oknezovich@spokanesheriff.org>, Katherine Shook <flippybat@gmail.com>, Jim Camden <jimc@spokesman.com>, Jonathan Brunt <jonathanb@spokesman.com>, Ted McGregor <tedm@inlander.com>, Kevin Taylor <kevin@inlander.com>, Gary Graham <GaryG@spokesman.com>, “Geranios, Nick K.” <ngeranios@ap.org>

Hi, Chad: Thanks for sharing this with me. I deeply admire your enthusiasm for and commitment to this project. I also respect your sincere desire to serve the public interest. Unfortunately, as I have mentioned to you, Envision Spokane is not compelling to me because of what I consider to be the deep denial built into it. For a group of Spokanites, particularly a group with important support from the Center for Justice, to idealize about the potential to “revolutionize” Spokane while pretending that the community’s structural public corruption does not exist is simply an exercise in building castles in the sky, in my opinion. I think that reporting at www.camasmagazine.com and www.girlfromhotsprings.com makes this clear. Throughout her nine-year tenure, former Spokane City Councilwoman Cherie Rodgers warned that Spokane’s public corruption represented a form of civic cancer. (Please see “Judge Guy Meets Cherie Rodgers” at www.camasmagazine.com) An important source of this civic cancer is Spokane’s publishing dynasty, the Cowles family. (Please see “All In the Family” at www.camasmagazine.com). This cancer turned deadly on April 8, 2006, when a woman perished in the downtown parking garage built and maintained as a result of this cancer. (Please see “Death by Parking” and “Deathtrap” at www.girlfromhotsprings.com.) As you know, two highly credentialed retired law enforcement professionals have been frustrated in their pursuit of justice in the matter of the victim’s death (See “Deathtrap”) while government at all levels has ignored the staggering evidence they presented that Spokane’s public corruption was the cause of what they allege was First-Degree Manslaughter under Washington State Law. In view of these circumstances, I’m afraid that enthusiasts for Envision Spokane remind me of a smoker dying of lung cancer, or an alcoholic destroying his life, daydreaming of a bright future but refusing to give up the poisons that are killing him. I wish this were an unfair comparison, but in view of the evidence of Spokane’s public corruption and that the River Park Square parking garage may well remain a serious public safety hazard, I don’t think it is. At this moment, Spokane has a mayor who was directly implicated in settling the RPS securities fraud case in a way that let the beneficiary of that fraud, the RPS developer go, while saddling Spokane’s citizens with the devastating cost of the fraud. It’s worth noting that this settlement flabbergasted both the bondholder attorney whom the city ostensibly hired to protect Spokane’s citizens and the city’f first RPS special counsel.  (Please see “A New RPS Fraud?” at www.camasmagazine.com.) I take no pleasure in saying these things. I love Spokane and long for it to fulfill its potential. I just don’t think that’s possible until the community faces the truth not just about its public corruption but about its own tolerance of that corruption. I invite those who doubt the validity of this conclusion to study the hundreds of thousands of words of unrefuted reporting, some of it the recipient of national commendations, on the Web sites cited above. Those wishing to truly envision a better future for Spokane might wish to study Daniel Goleman’s “Vital Lies, Simple Truths: The Psychology of Self-Deception.” N.B. chapters five and six, “The Collective Self” and “The Construction of Social Reality.” Pay particular attention to such findings as “how members of a group come to share a unified fantasy life…” p.163.

Sincerely, Larry Shook

At some point I may have some comments about this message and the thrust of Mr. Shook’s thoughts.  My first thought is that there are no real villians in Spokane except “us’”  As Pogo said, “We have met the enemy and he is us.”

Another thought I have about Mr. Shook’s piece and that has to do with how one goes about creating a messianic movement.  First, you create a scapegoat and then you instill angst and vigor and blood lust in “the folk.”  Next you keep talking about the two and in time the disenfranchised and the greatly discontented will rise up.  Eric Hoffer, The True Believer (1951); Sigmund Freud, Civilization and Its Discontents (1929); and others I recall from reading the history of Europe in the 30’s and 40’s.

I have said before one of the reasons why Mayor Verner should take action to ensure that the people of the Spokane Police Department do not over react has to do with the city budget.  Here is yet another example of the difficulty which might arise from over-zealous policing.  Seattle-Times, Stanwood Man, Everett WA .

Obviously, police should only use  proper and reasonable levels of force in doing their work.  Obviously, these matters are matters of constitutional importance and importance regarding the ultimate security of the community.  But there is yet a side to the debate and the issues which even the most hardened of hearts must consider and that has to do with the impact of over zealousness on the city budget.

I am not sure to what extent the city is self-insuring these days, but I think it is  or could be up to $500,000.  Even so, with the increased claims the premium for insurance over this amount will go up.  At least, one would expect so.  Insurance companies are not charitable organizations.

The 9th Circuit Court of Appeals will hear the appeal of United States District Court Judge Benjamin Settle’s decision enjoin release of the Referendum 71 signatory names.  The case will be heard on October 14, 2009 in Pasadena, CA.  See the Spokesman - Review story.  For much more information about the case and for the pleadings go to the Secretary of State’s website -  R-71 Information.

The turn off lane at Highway 195 (going south) and the Cheney-Spokane Road is now in operation.  It is a vast improvement and will enhance the safety at the intersection considerably.  The speed limit at the intersection should still be lowered but this improvement is a real benefit.   People will be able to see oncoming traffic (traffic moving south) because the right hand turn lane over Hwy 195 is no more.  Thus, the risk of intersection collision is greatly reduced it would seem.  Kudos to the Washington State Department of Transportation.

Putnam v. Wenatchee Valley Medical Center, Washington Supreme Court No. 80888-1, September 17, 2009. Current cite.

Washington requires a certificate of merit with regard to all medical malpractice lawsuits. RCW 7.70.150. The court held that the law was unconstitutional “because it unduly burdens the right of access to courts and violates the separation of powers.”

The court did not reach other issues presented to it. It said,

Because we find that the certificate of merit requirement unduly burdens the right of access to courts and violates the separation of powers, we do not reach Putman’s arguments that the certificate of merit requirement (1) violates the privileges and immunities clause of the Washington State Constitution and the equal protection clause of the United States Constitution, (2) violates the prohibition on special laws in the Washington State Constitution, and (3) violates the due process clause of the United States Constitution.

In reaching its conclusion, the court also took the position that the certificate of merit requirement was “procedural” rather than “substantive.” Thus it concluded the legislature could not interfere with the procedural requirements of the court. “The statute does not address the primary rights of either party; it deals only with the procedures to effectuate those rights.

Therefore, it is a procedural law and will not prevail over the conflicting court rules.4″

Footnote 4 said this:

4 Amicus curiae Washington State Medical Association, et al. encourage us to follow several federal courts sitting in diversity that have held that certificate of merit requirements are substantive rather than procedural. However, those courts used the Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S. Ct. 817, 82 L. Ed. 1188 (1938), outcome-determinative test, designed to discourage forum shopping. See, e.g., Chamberlain v. Giampapa, 210 F.3d 154 (3d Cir. 2000). Neither the test nor its underlying rationale apply to this court when determining whether a state statute is substantive or procedural for a separation of powers analysis.

Justice Madsen wrote a concurring opinion saying the majority should have limited its opinion to the constitutional issue and should not have gone into discussion about CR 8, CR 11 and CR 81(a).  Find the court rules for Superior Court here.

Mayor Verner is finally coming out with detail regarding the city budget. Her deadline for the proposed budget is a couple of weeks away. She is out speaking about the budget at various city venues. KXLY.

We have elections for three council positions but so far not one candidate has addressed the problems of the city budget. If a candidate says anything it is fluff like belief in a good budget or something about as compelling.

The mayor says she is $7 million short. She probably has to pare the budget by about 5%. There are about 2,200 city employees.

City employees get all of their health care paid for. The city insurance employee plans include medical, dental and eye care. I would estimate that for a single person without children this runs about $750 per month. For a person with, children about $1,200 per month. A person with a partner and children, one’s own and one’s stepchildren, the cost could be well in excess of $2,500 per month. Let us say the average amount per month is $1,100 per employee. That’s $13,200 per year. Given there are about 2,200 employees the city’s health care costs total $29 million per year.

I do not know how many of these employees are employed under general fund expenditures – that is the budget the mayor is talking about. Clearly, a major portion of the general fund budget could be reduced by a lowering of the health insurance benefits packages for employees.

But there is a problem with this. That would mean that the employees of the non-general fund employment units, the various utility departments, would be paid more. They would be paid more because the city has not budget constraints as to them. There are no problems regarding the budgets for the utility departments of the city – garbage, water, sewer. All the city does is to up the rates of service to meet the demand. Oh, have to tell you, the rate once upped includes what in effect is a sales tax of 25% on the amount the people pay for the services.

The mayor and council, to balance the budget of the general fund will probably up the utility tax rate to an even higher amount.

Former Supreme Court Justice Sandra Day O’Connor has long held that judges should be appointed not elected.  She was in Seattle the other day to pursue her goals in that regard.  Seattle Times.

In Washington we have the notion that we elect judges. We do, and yet we do not. Most judicial positions are filled by gubernatorial appointment to vacate judicial positions. Rarely does a judge at any level serve out his or her full term. Usually, a retiring judge retires before his or her term is up and the governor appoints someone to fill the position. The judge then runs for election as an incumbent.

Also, we think we elect the judges who act as judges of the three judge panels by which the Court of Appeals does its work. We do not. We elect judges to the divisions of the Court[s] but the judges who decide the cases are not elected, they are appointed. And, the panels are not apportioned as to the judges appointed and the electorate of the Division. See my article and attachments and my other efforts with regard to the Washington Court of Appeals. 

So much for the election of judges to the “real supreme court of the State of Washington” for most cases — the Washington Court[s] of Appeal. For the most part the only cases which get to the Supreme Court are those which the Supreme Court has decided to review - about 1 out of 10 cases.

There is something more about the police department and excessive force.

 In these cases the police officer may be vindicated but there are other cases which will be brought and these will be against the city.  These will be for damages for the officer’s use of excessive force.  If the mayor does not act to rein in excessive force the city budget will suffer and suffer greatly.  The mayor has to act.

The Spokesman-Review encourages comments to its articles.  One comment to the Jury Acquits Spokane Officer article of September 10, 2009 is by a person who calls himself “Pat OLeary.”  Pat OLeary sarcastically says:

“The guy was a perp, it’s okay to kick him in the face. Those two cops that testified for the prosecution hopefully never need back-up in a dark alley, if so, they better be wearing full body armor.”

There are dark times ahead for Spokane if this point of view is held, without the sarcasm,  by more than a few people in the community. One shudders, . . .

All the more reason for Mayor Verner to act and to act now.

To gain the full meaning of Pat OLeary’s comment one might be interested in reading Every Man Dies Alone by Hans Fallada.  See the LA Times piece.  Or get it at Amazon.  Or, read this review at the New York Times.  Or better yet, get it at Aunties.  And while you are there pick up a book or two about Hitler, Germany 1933 - 1946, National Socialism, or the SS, especially the SS, and then any book about the extermination of the Jews, Roma, dissidents, homosexuals, retarded, — “perps” in today’s parlance in Spokane, Washington by the likes of Pat OLeary.

The Spokesman-Review runs another story about a Spokane police officer accused of using too much force.  Jury Acquits Police Officer, Spokesman-Review, September 10, 2009.

No matter how these cases involving Spokane police officers are coming out, they are a sign there is a problem within the Spokane Police Department. It may be a problem of internal discipline, it may be a problem of poor direction, it may be a problem of a change in the internal and subtle ethics of the department. In any case, there is a problem.

Mayor Mary Verner should act to take control of this situation. That is what a “strong mayor” is supposed to do.

If the Mayor does not act, the Police Department, and the respect the people have to have for it will deteriorate. The police will not be as effective and the entire milieu of the community will suffer and become harsh and unforgiving.

A first step might be to encourage the Police Chief to stop parading around town in full police regalia. Such “battle-ready” demeanor is hardly in keeping with the office. For the police leader to go about town in such an amateur “show of force” is hardly in keeping with the standards of the community and the necessities of effective policing.