Showing posts with label Jason Bland. Show all posts
Showing posts with label Jason Bland. Show all posts

Wednesday, September 29, 2010

Harney County DA Tim Colahan Declines to Prosecute--AGAIN....

Tim Colahan, Baker County DA Matt Shirtcliff's Go-To guy for possible Brocato prosecutions has once again declined to pursue a prosecution of Steve Brocato, Harassment in this case, or any other possible charge related to Mr. Brocato's aggressive behavior across the street from the Yervasi and Pope law office back on August 24th of this year. This is the second time in a row that DA Shirtcliff, citing a conflict of interest, has farmed out an investigation of Steve Brocato for Harassment, both of which have ended up with the Harney County DA, who declined to prosecute.

The first incident, you may remember, was when Colahan declined to prosecute Mr. Brocato after witnesses said he had seized an 8 year old disabled girl by the face back on May 19th, 2008. See: D.A. won't pursue claim against Brocato

See also:

SATURDAY, SEPTEMBER 6, 2008
Harney County DA Declines to Prosecute City Manager

Read DA Colahan's review of the latest incident on Scribd.

This time around, while seeming to avoid any mention of the charge "Harassment," which happens to be the possible charge referred to in the police report, DA Colahan clearly errors with a blatant and incomprehensible misstatement of the facts found within it. With reference to what he read in the "report" he states that "No other person is identified as witnessing this incident . . . ." Because the Police Report is readily available, anyone who is interested can see that there are four witnesses who stated that they saw Steve Brocato knock Jason Bland's hat off: Jason, Andrew Bryan, Milo Pope and myself. Given DA Colahan's inaccurate statement about a lone witness, I called Matt Shirtcliff's office to find out if there is another police report that DA Colahan might be referring to. His secretary asked him personally and told me he said that "He is aware of only one police report." The only other possible explanation I can think of is that for some reason, DA Colahan only read the first three pages of a six page police report. (The entirety of the above issue was not reported in yesterday's (9/29/10) offline Herald article, and they do not question the discrepancy between Colahan's erroneous statement and what's in the police report.)

In his review, DA Colahan declines to prosecute. He then begins to outline his reasoning with the sentence "Based on the report, there is no evidence of an assault having occurred." During the short discussion that follows, concerning Steve Brocato knocking Jason Bland's hat off, Colahan never once uses the word "harassment," even though it is the charge that is specifically mentioned in the Police Report by Officer Plaza ( "I told Bland he could file a harassment report if he wanted." ) Both of our local papers, while mentioning that DA Colahan wrote that there was no evidence of an assault, neglected to mention that no one ever said there was. The charge of harassment, which happens to be the offense mentioned in the police report, was ignored in DA Colahan's review. Another potential charge, such as "Initiating a false report" was not mentioned and apparently was not investigated.

I previously filed a complaint with the Baker City Police Department claiming that Milo Pope had violated City Ordinance 130.045 Public Urination. It can be found on Scribd.com.

DA Colahan, agreeing with the local police department, states that "It also appears prosecution cannot be made under Baker City Ordinance 130.043 because the incident was not observed by a police officer." and later:
"It is clear that a private citizen may only commence violation proceedings for boating violations, traffic violations, wildlife, commercial fishing and certain agricultural weight violations. ORS 153.058(8). I am unaware of any provision in the Baker City Ordinance Code which allows for violations to be commenced by a private oitizen."

I too believe, after reading the statute, that it is clear that state law does not allow a private citizen to "commence" violation proceedings for a Public Urination violation in Baker City.(Seems pretty wacky to me, considering you can commence a proceeding alleging that someone ran a stop light or has violated any one of numerous city ordinances.) The use of the word "appears" by DA Colahan earlier leaves me to wonder if perhaps a prosecution could proceed if an appropriate officer were to "commence" a complaint. Chapter 40 of the Oregon evidence Code does allow photographs to be submitted as evidence under many circumstances, and it seems reasonable that if a citizen shows a police officer photographic evidence of a violation, that the police officer could then "commence" proceedings for a violation of the ordinance. Additionally, people file complaints about violations of the Property Maintenance Ordinance and point out evidence of the violation to officers all the time, and they quite often "commence" proceedings against the alleged violator.

In yesterday's (9/29/10) Herald article, Councilor Milo Pope, the great spinmeister, tries to say his behavior wasn't a violation of the public urination ordinance. According to the paper, Councilor Pope said: "it
wasn't public urination in the first place,
" he said. "It was in the dark."

You would think that a former Circuit Court judge and lawyer, Milo Pope, would know the Oregon laws, and the Baker City public urination ordinance in particular. Here it is (again):

Chapter 130: General Offenses

130.045 Public Urination

It shall be unlawful for any person to urinate or defecate in or upon any street, alley, public place, or in any place open to public view. [emphasis added]


- Milo Takes a Break

The important clause in the ordinance for Milo's case is "in any place open to public view." Milo was in plain sight of anyone walking by on either sidewalk, and could also be seen clearly by anyone in the alley or on the street in that often frequented downtown area across from Ace Hardware.. The photograph shows that his behavior was in fact "open to public view," and anyone familiar with the scene, like, for example, Milo Pope, knows that.

So. . . it was "public urination" as defined by the ordinance. Milo implies then that it is of no consequence, because, hey--"It was in the dark." But was it?

On August 24, 2010, the U. S. Naval Observatory sunrise/sunset table for Baker City, says that the sun set at 6:42 PM. Dusk or twilight begins at that time. As any one who has been out after sunset knows, the period of ambient light can continue for 30 minutes or more, but it varies with location and time of year. When this period of ambient light ends, it is officially "dark," as in "It was in the dark."

The photo of Councilor Pope taking a break in public view was taken at 7:04 PM, 22 minutes after sunset. The following photo, of Milo checking his cell phone was taken 8 minutes later, at 7:12 PM. It is clearly not "dark." In addition, even if it had of been "dark," which it wasn't, there are two street lights along 3rd at the Ace Hardware Parking lot, and a powerful lamp near the south west corner of the same store. There is an additional street light at 2nd and Washington. It is a fairly well lit up place--that is why Milo and friends could easily see me on the sidewalk across the street, and I them, even when it did become "dark."

- Milo Checks Cell

Why did former Circuit Court judge and still lawyer and Councilor Milo Pope apparently tell the Herald "it wasn't public urination in the first place," "It was in the dark."???

In today's Record Courier article on the subject, Mr. Pope states that "Those two village spies had no legitimate interest in knowing where I was during that time. That I was absent was obvious."

Just more spin. As both Jason Bland and myself have said previously, a major concern of ours was whether Councilor Pope was skipping a Council meeting to meet with former City Manager Steve Brocato, who happens to be suing the City and the four Councilors to whom Mr. Pope appears to have shown contempt. A lot of people think that is worth checking into and reporting on.

Thursday, September 16, 2010

9/14/2010 Council Meeting Videos: Pope Asked to Resign

In This Edition:

9/14/2010 Council Meeting Videos: Pope Asked to Resign

_____

Below are three videos from the meeting. During that meeting, as seen in the first video below, Gary Dielman, representing several citizens who attended, and many more who did not, confronted Councilor Pope with his behavior on that night, when Mr. Pope chose to have a pizza and beer party with several former city officials who opposed the firing of former City Manager Steve Brocato, instead of attending to his duties at a Council meeting at which the Council was considering issues concerning the hiring of a new City Manager.

During the meeting of September 14, two City Councilors, and Mr. Dielman, asked Councilor Pope to resign.

Here are the three videos:
__
This is part one (of three) videos from the meeting of September 14, 2010.

In this clip , Former Councilor, school teacher, probation department head, and my favorite Baker County historian, Gary Dielman, as a representative of several citizens, asks Council and Mr. Pope three questions:

1. "Why wasn't he there on the 24th of August" for important Council sessions?

2. "Why did Councilor Pope cross Washington Street from his [law] office and confront Chris Christie? and

3. Why did Councilor Pope think he had a right to straddle Chris Christie's front wheel of his bicycle, thereby detaining him, making him a captive audience, uh . . . for the comments he [Pope] was making to Christie, which I believe were very offensive." . . . .

Mr. Pope responds with, among other things, that:

"I can only tell you, Mr. Dielman, I was glad to be able to occupy Mr. Christie and Mr. Bland after dark with perhaps the hope of keeping them out of a tavern."

Of course, this last is classic Milo, the intelligent and legally trained old spinmeister at work. He takes the focus off his bad behavior, which included drinking with anti-Council friends during an important Council meeting he chose to miss, urinating outside his law office, and detaining a person on the public right of way. Instead of facing the facts, he spins the focus onto his saving you from his own imaginings of Mr. Bland's and my alleged future behavior, as if he were some sort of good hearted woman fighting the evils of alcohol in the days leading up to its ban during the prohibition period. The problem is this fictional narrative only existed in his head for self-serving purposes. Jason and I, across the street on public property, were simply preparing to go home separately, and I was intent on getting back to my computer to process the photos I had taken.

See Also:

WEDNESDAY, AUGUST 25, 2010
What was Milo Pope Doing While AWOL from the August 24, 2010 Council Meeting?

WEDNESDAY, SEPTEMBER 1, 2010
Follow-up on Councilor Pope’s “Fellowship” with Steve Brocato and Friends.

FRIDAY, SEPTEMBER 10, 2010
Butterflies and Minor Aggravations

Video #1:
Citizen Asks Councilor Pope Tough Questions-091410.m4v


____

Here is part two (of three) videos from the meeting of September 14, 2010.

In this clip from the September 14, 2010 Baker City Council meeting, Steve Bogart, interim City Manager, states that basically, the County District Attorney will determine whether there were any "illegal actions" on the part of Mr. Pope. In reality, the DA has said that he will likely be referring the file to a DA in another county for that, due to a possible conflict of interest on his part. In any event, anyone, including Gary Dielman, can read the statutes and determine for themselves whether or not they think a violation of any city or Oregon statute has occurred, even if a DA my not concur.

Councilor Calder then offers objections to Mr. Pope's conduct, and provides more historical context to his actions, including his "Ground Hog Day" style "squeaking" about the Brocato firing, and his meeting with the former City Manager who is suing the city, with many former city officials of similar opinion attending Milo's party that night during a Council meeting.

Both Councilor Calder and Mr. Dielman then express their wish that Councilor Pope resign.

Mr Pope declines, alleging that he was spied upon (as opposed to reporters covering his whereabouts), while ignoring the problem of who he was meeting with. He states that "there is nothing I could tell him [Mr. Brocato] that, that, he can't find out from city archives." This was a particularly interesting statement, given that the city, while Mr. Brocato's friend and Assistant City Manager, Ms. Watkins, (who was meeting with Mr. Pope and Mr. Brocato that particular evening during the Council meeting) was working for the city when the city, in June of this year, dumped a truckload of city "archives" at the local recycle center.

City "Archives" in Baker Sanitary Dumpster
See: "House Cleaning at City Hall"

Mr. Pope, in a "Ground Hog Day" moment, then refers to the firing of Mr. Brocato as "craven and cowardly," even though it took tremendous courage for the four Councilors to fire Mr. Brocato.

Video #2
Citizen and Councilor Ask Councilor Pope To Resign ( #2-091410).m4v


____

This is part three (of three) from an event at the Baker City Council meeting on September 14, 2010.

In this clip from the September 14, 2010 Baker City Council meeting, planner Jenny Long talks about planning issues, including concerns about obstruction of stop signs by tree branches, etc., and about lower lying limbs from trees getting in the way of school busses and privately owned vehicles, like garbage trucks. She is, or will be, sending out letters to affected property owners to ask them to correct these conditions.

Councilor Duman asks Councilor Pope to consider resigning.

Councilor Bonebrake apologizes to Councilor Pope for events I am unaware of and do not understand.

Councilor Pope declines to resign, stating that his privacy has been invaded, despite the fact that he is a public figure who chose to evade a Council meeting and who was observed urinating in a public place downtown, in violation of a city ordinance. State statutes do not support any allegation of invasion of personal privacy--See: ORS 163.700

Councilor Clair Button assures Mr. Pope that the Council doesn't have the authority to throw him out. He also states that "It would be good if we all re-read [Council] Resolution 3407, and thought about the words in there--I haven't felt craven in quite a few years." (Res. 3407 addresses the appropriateness of talking ill about other Councilors.)

Councilor Aletha Bonebrake thanks departing City Manager Steve Bogart for his service.

Council Comments (Part Three 091410)

Friday, September 10, 2010

Butterflies and Minor Aggravations

IN THIS EDITION:
[Edited 9/11/10]

- Four Baker City Butterflies
- Milo Pope/Steve Brocato Incident: Articles and Followup

- My response to the local media
- Jason Bland on Milo's Dilemma
- Gary Dielman gives A Summary of the Events of August 24, 2010
- Note to Deb from Beverly Calder
_______________

Four Baker City Butterflies

Recently, both of our local papers had articles concerning a pretty decent outbreak, or transitory and occasional population increase, in a butterfly, the pine white. It commonly feeds on ponderosa and other pines, but may also feed on other conifers, like Douglas or red fir and the true firs, like the white, grand, and sub-alpine firs found in our local mountains.

See:
Bugs could pose problem for pines
Written by Lisa Britton September 01, 2010 10:45 am

In my view, Bob Parker did a great job describing the periodic effects on local forests from these periodic outbreaks. I would only add, that while these butterflies and other insects may periodically kill a large percentage of trees over thousands of acres, there is little evidence to indicate that the events are unnatural or any cause for much concern.

One study about insect outbreaks, INSECTS AND ROADLESS FORESTS; A Scientific Review of Causes, Consequences and Management Alternatives, had some findings that are relevant to insect outbreaks in general, including those of the pine white butterfly.

First important finding was that “Insect outbreaks and fires have been part of the ecology of these forests for millennia.” More importantly, in my mind was this summary of that finding:

“Green and familiar forests will eventually return following insect outbreaks in most locations.
Forests have continued to develop following past insect outbreaks. Although the current outbreaks are very large and may even be unprecedented in extent and severity in recent history, there is no evidence that affected forests cannot regenerate following these disturbances. The forests that are now losing many trees to insect attack will not look the same in our lifetimes, but healthy trees and familiar forest structures will eventually return in most locations. Although beetle [or other insect] affected forests may look different to the human eye, they are still functioning ecosystems that provide food and shelter for animals and water for fish and people.”


It is the last sentence that appears the most important to me. Disturbance, whether caused from fire, insect outbreaks, or whatever, if it is not too extreme, pervasive, or unnatural, is a normal part of forest ecosystems. My favorite example of disturbance that is extreme, pervasive, or unnatural, is that which occurs in many of our forest riparian areas from cattle grazing. There are actually many species of plants, animals, and microscopic life that are dependent on disturbance, including the occasional massive disturbance by insects. A forest isn’t always a forest in the sense of what we often think a forest is, it also normally includes the brushlands, grasslands and snags that occur after fire or other disturbance. Many species, from certain woodpeckers and other birds, to various bugs, butterflies, and etc., depend on the conditions provided by disturbance; the plants and other forms of life that are able to grow and flourish due to the change from shaded forest to sunny open grass or brush-covered slopes. Please don’t take these earlier successional stages, or the species that depend upon them, for granted. They add to what is a glorious, or at least a certainly interesting, diversity, if you take the time to look. A normally functioning forest depends on these changes. The forest is not a simple commodity for human exploitation. If you love your forest, embrace (oh god, not that word, got your arms out?), how about know and enjoy, all that it is, and must be.

Well, anyway, Four Baker City Butterflies.

So back in August, I photographed a few of the pine whites passing through my good friend’s front yard, after previously seeing them in my own. I had intended to write an article on them, but both the Courier and the Herald did an admirable job of doing that before I got ‘round to it. Not much to add other than what is written above, but here are two photos of a male and female pine white butterfly.

The first is of a female pine white (Neophasia menapia):
female pine white
This one, sipping nectar from oregano flowers, has apparently had a run in with a bird or other predator, as witnessed by the missing section of the hind wing. The lower hind wing of the female normally has the orange markings seen above on the wing margins.

This next one is of the smaller male which is normally without any hint of orange in the lower wing margin.
male pine white

White butterflies, like the pine white, which is a species seen in areas of the western mountains, belong to the family referred to as Pieridae, which includes the whites and the sulfur butterflies. The sulfurs are of course yellow, with various markings. I’m sure you are familiar with at least one or more of these, which can often be seen in or near alfalfa fields. One white butterfly, which could conceivably be confused with the pine white is so common in the vegetable garden, that all gardeners know it. Many find it a bit of an aggravation, as it will lay eggs which hatch into larvae, or “worms” to feed on your favorite members of the cabbage family, including, cabbage, broccoli, collards, and the like. These vegetables are actually all members of the same species of plant, Brassica oleracea, which has been manipulated in various ways over several centuries, through human cultivation and selection, into plants with different characteristics useful for the dining room table. Some use a biological control such as Bacillus thuringiensis (BT) to keep the butterfly larvae at bay, and although I have some BT in my refrigerator, there it sits, because I don’t use it. While cabbage whites do cause some damage, they are more an annoyance than a serious pest, at least for me. If I find them in my heads of broccoli, I just wash them out before cooking, or pick their limp bodies out of the water afterwards. ;-) Haven’t checked them out as a culinary delight as yet, but one never knows what the future may bring.

The photo below, of a cabbage white butterfly (Pieris rapae), is not a great photo, as they are not always welcoming to a human presence, and as common as they are, I simply could not get close enough for a photo with my “close-up’ camera. They are often on my broccoli plants, and this one was feeding from the flowers of a neglected head.

cabbage white butterfly (Pieris rapae)

Here is a good photo of a cabbage white, and a very good source for assisting you in local butterfly identification, in case you are interested:
Butterflies and Moths of North America

This next photo is of one of our local hairstreaks that happened to be visiting the same oregano flowers on the day that the pine whites were visiting.
Gray Hairstreak (Strymon melinus)

There are about 75 species of these interesting butterflies in North America, and about 2,000 species worldwide. Their family, Lycaeninae, also includes butterflies like the commonly encountered blues and coppers. The gray hairtreak inhabits most of the sometimes United States. The hair-like “tails” and wing streaking give rise to their common name, and their simple beauty makes any encounter a pleasant occasion. Some think the “tails” and markings serve as an attraction to predators, like birds, so you will often find them missing a tail or portion of the hind wing. Another photo of them I have is from Pritchard Creek, in the county, north east of Durkee, but you might encounter them anywhere in Baker County. They have a good many host plants and you can find one account here: http://www.butterfliesandmoths.org/species?l=1553 They are easily confused with the California hairstreak, which can also occur here.

Here is a more colorful specimen from Pritchard Creek;
Gray Hairstreak 2 (Strymon melinus)

The fourth butterfly, one of a few swallowtails you might find in your garden during spring and summer, is the Western Tiger Swallowtail (Papilio rutulus).

Western Tiger Swallowtail (Papilio rutulus).

These butterflies from the swallowtail family (the Papilionidae), of which there are about 30 species in North America, often visit my large ornamental delphiniums, as the one above has. They can be found, as the name implies, in most of the western states and portions of south western Canada. Two-tailed swallowtails also drop by. The western also comes in a black form, but I only see the yellow form here. It is difficult sometimes to distinguish them from the two-tailed, but the latter has a much longer lower tail. Larvae feed on plants of several families, including many in the large rose and willow families.
__________

Pope/Brocato Incident: Part Three
There are a few contributions by other observers and participants below:
___

My response to the local media:

Well (please don't ever start a sentence with well!), there have been a few mentions of an uncomfortable subject in the local press recently,

First the Herald article on page 2 of the Wednesday, September 8th edition, which I can't find on their website (it's not likely there, at least at this time; even though most, if not all, the other articles about Milo Pope and Steve Brocato, are there).

The article states that "according to police reports" Jason and I were there "that evening and watching who came and went." That might be true, but it wasn't in the police report. It did say we "were there to photograph the meeting.," and to "to photograph a meeting between Bryan, Watkins, Brocato, and Pope." Splitting hairs perhaps, but what the Herald reported is not what was stated in the police report. As I stated in my first blog on this subject, which is not in the police report, "I only wanted a few photos to document that Milo Pope and and friends were there when he was supposed to be at a Council meeting."

The most important things in the police report, that Steve Brocato was named as a suspect, the only suspect, and that Officer Plaza told Bland "he could file a harassment report if he wanted," were not included in the Herald article. No surprise there?

While the Herald did truthfully say that the police report stated that I said that "Brocato came outside and saw the flash of his camera," I do not recall telling the police that, because I don't use, did not use, and never have used, the flash on my camera for any photos with a long lens, or in fact with any lens, on that particular camera. I did say something about my thinking that he probably saw me, or at least somebody, taking photos from across the street. If I did say anything about a flash from my camera, I would have quickly corrected it, or been talking about the flash from Andrew Bryan's camera as he was taking pictures of us. When they all came out as I was leaving with my camera and photos, they saw me attempt to take a few more. That is when Milo and company came across the street to give me a bad time. I guess the point here is that they didn't need to see the flash from a camera, because we were in plain sight, either when there was still the light of dusk, or under street illumination.

Of course there is no mention of AWOL Councilor Pope urinating under the tree even when he had a bathroom inside the law office to use for that purpose.

The Courier, in their "Attempt to Think" editorial column, backtracked only slightly from their position of a week earlier, where they stated that "spying on [Milo] and hid friends with a camera is a bit over the top. . .," by saying "we appreciate their disclosure of [some] information" but then dragged in an accusation the editor had used previously in a communication to another, that my report on Milo's whereabouts and behavior "was a little too much like tabloid style reporting or our tastes--." Perhaps, in fact, it was really a little too much like actual investigative reporting on our elected officials for their tastes.
___

Here are three more contributions on this subject:

Milo Pope missed the August 24th City Council meetings where the new City Manager was hired and introduced to the public.
By Jason Bland


On that same evening, Stephen J. Brocato almost hit me in the face, and then called the police on me. As bad as it was, this isn't about Brocato's temper and willingness to get physical -- most who've dealt with him are already aware of his strange, and often aggressive behavior. I don't believe his lawsuit has any merit, and after this incident and other documented incidents, hopefully the court will eventually agree that Brocato can't "blow the whistle" on his own bad behavior. Read the City Charter: City Council needed no reason whatsoever for terminating Brocato. The Charter allows the public to elect councilors, but not much else. The City Council need not take a public poll before terminating a city manager. Milo Pope, because he is Brocato's buddy, seems to keep putting these facts aside. But again, to me at this point, Steve Brocato is merely a nuisance, like a pesky fly. The real story is Milo Pope's behavior and complicity in this incident

In my opinion, Pope is openly subverting the city's political process and more importantly, its progress. His close association with Brocato (as documented drinking buddies) also makes me wonder whether Pope is living up to his professional and ethical responsibilities. Have Pope and Brocato discussed the lawsuit? Would you believe them if they denied discussing it at all? Shouldn't Pope wait until the lawsuit is over, or step down from City Council, before socializing with Brocato? I'm told by many that Pope once was a respectable attorney and judge in this town, but I've yet to meet that man. The only Milo Pope I know is the one I've seen urinating on Baker City -- both figuratively and literally. On August 24th, when I asked him why he wouldn't step down from council, he replied, laughing, "I'm having too much fun!"

For Baker City to finally begin a real and meaningful healing process, Pope must resign or be recalled. The city can't afford two more years of his nonsense. We need to truly move forward.

Chris and I were there that night to show the citizens of our community how subversive Pope and his friends really are. We did what the newspapers in town won't, that is, document and report on the whereabouts and actions of a city councilor who is supposed to be at city hall and living up to his oath of office. All of those attending Pope's party should have known that Pope was derelict in his duties that night. To me, those who attended the party clearly demonstrated that they only care about the city when they get to run it.

Again, if Milo Pope had attended the council meetings instead of privately drinking with his friends, including a plaintiff against the city, I wouldn't have received phone calls alerting me about his party. Moreover I wouldn't have to respectfully ask that the citizens of Baker City put public pressure on Pope to resign.
___

A Summary of the Events of August 24, 2010.
by Gary Dielman


The events I'm about to describe happened on Tuesday evening about three weeks ago. The newspapers have yet to print anything but the most rudimentary description of this story. A story so bizarre, that it's hard to believe.

But you just can't make these things up!

This summary is based on two police reports, recording of a 911 call, and interviews of two of the victims. For the reader's convenience, at the end of this summary I've included the State statutes and City ordinances I refer to. The underlining is mine.

In the evening of August 24, former Baker City manager Steve Brocato called 911 Emergency Dispatch. He told the dispatcher that Jason Bland, whom he referred to as "a freak," was trying to start a fight with him (Brocato), and with former city councilor Andrew Bryan, and with present city councilor and former circuit court judge Milo Pope. (It should be noted here that while he was city manager Brocato sat on the Baker County 911 Emergency Dispatch Oversight Board.) The dispatcher then dispatches two Baker City police officers to the scene of the incident in the area of Ace Hardware and Pope's law office (formerly Higgins Clinic).

The two officers arrive, interview people, and then write up their reports.

From those reports it's clear to me that Brocato called 911 when there was no emergency; doing so is a class A misdemeanor. The police reports also show, I believe, that Brocato made a false report to Emergency Dispatch, a class C misdemeanor, because it was not Bland who was trying to start a fight, it was Brocato himself, who got in Bland's face, hurled insults at him, and, in what was apparently an attempt to start a fight, knocked Bland's hat off his head. Bland was furious and gave back verbally as good as he got but restrained himself from lashing out physically against Brocato's provocations.

By getting in Bland's face and knocking Bland's hat off, Brocato committed, in my opinion, the crimes of Harassment and Disorderly Conduct, both class B misdemeanors.

There's more to the story. Before the police arrive and before Brocato's 911 call, Pope gave Chris Christie, who was there on his bicycle, a piece of his mind, by straddling the front tire of Christie's bicycle, and calling him, among other things, a "creep." In doing so, Pope committed, in my opinion, the crime of Disorderly Conduct by engaging in threatening behavior--Christie was fearful that Pope was going to grab his cameras--and by obstructing vehicular/pedestrian traffic on a public way.

But that's not all Pope did that evening. Even before the above events occurred, Christie photographed Pope urinating beside a tree outside his building.

So, what was this fracas all about? (I'm not referring to Pope's urinating in public. I have no idea what that was about, since the former doctor's office has a toilet and probably more than one.)

It all began when shortly before that night's city council meeting was to start, Pope called City Hall to say that something had come up and he would not be at the meeting. Well, it so happened that a couple of citizens at Ace Hardware noticed that City Councilor Pope was at his law office, when he was supposed to be at the city council meeting to, among other things, welcome newly hired City Manager Mike Kee. Instead Pope was having beer and pizza with several people formerly associated with City Hall, one of whom was Brocato. (Brocato is presently suing Baker City for firing him from his job as city manager.) Also present, besides Pope and Brocato, were former city councilor Andrew Bryan, former mayor Jeff Petry, and former assistant city manager Jennifer Watkins.

This news eventually made it to Bland and Christie, who both went separately to Ace Hardware, from which vantage point they watched the building to confirm the rumor that city councilor Pope was AWOL from the city council meeting. Besides taking a photo of Pope urinating, Christie took photos to show that Pope's car was there. When they discovered that Christie was the person taking photos, most of those present charged across the street to confront him, apparently angry that they were being surveilled. That's when Pope straddled Christie's front tire. Bland, who was sitting in his car on the north side of Washington St. got out of his car to go to Christie's aid, who was being detained and verbally accosted by Pope. Brocato then came across the street and got in Bland's face. And what happened next has been summarized above.

One more thing. Brocato's address on the police reports is 1655 1st Street. That's the address of City Hall! Now why would he give City Hall as his residence? Where does he actually sleep at night?

166.065 Harassment.
(1) A person commits the crime of harassment if the person intentionally:

(a) Harasses or annoys another person by:

(A) Subjecting such other person to offensive physical contact; or

(B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response;

Harassment is a Class B misdemeanor.

166.025 Disorderly Conduct in the second degree
(1) A person commits the crime of disorderly conduct in the second degree if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:
(a) Engages in fighting or in violent, tumultuous or threatening behavior;
(b) Makes unreasonable noise;
(c) Disturbs any lawful assembly of persons without lawful authority;
(d) Obstructs vehicular or pedestrian traffic on a public way;
(e) Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse;
(f) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or
(g) Creates a hazardous or physically offensive condition by any act which the person is not licensed or privileged to do.
(2) Disorderly conduct in the second degree is a Class B misdemeanor.162.375 Initiating a false report.
(1) A person commits the crime of initiating a false report if the person knowingly initiates a false alarm or report which is transmitted to a fire department, law enforcement agency or other organization that deals with emergencies involving danger to life or property.
(2) Initiating a false report is a class C misdemeanor.

165.570 Improper use of emergency reporting system
(1) A person commits the crime of improper use of an emergency reporting system if the person knowingly:
(a) Calls a 9-1-1 emergency reporting system or the School Safety Hotline for a purpose other than to report a situation that the person reasonably believes requires prompt service in order to preserve human life or property;
(3) Improper use of an emergency reporting system is a Class A misdemeanor.

Baker City Ordinance 130.04 INDECENT EXPOSURE.
No person shall willfully and indecently expose his or her person in any public place or any place
in which other persons might be offended thereby or make any exhibition of himself or herself to
public view in such a manner as to be offensive or designed to excite vicious or lewd thoughts.
(Ord. 2976, passed 1-8-1988) Penalty, see 130.99

Baker City Ordinance 130.045 PUBLIC URINATION.
It shall be unlawful for any person to urinate or defecate in or upon any street, alley, public
place, or in any place open to public view
(Ord. 2976, passed 1-8-1988) Penalty, see 130.99)
___

Note to Deb from Beverly Calder

Deb,

Your reporter left a message on my cell minutes before your deadline last week, I didn't check it until the next time I used my cell which was days later. I work in a retail store, with expansive hours and published numbers - I don't carry my cell at work but I would argue that there isn't a more reachable council member than myself.

What I would've shared with her was the fact that 2 citizens - neither named Jason or Chris- had called to tell me that there was a gathering at Pope's office around 6pm just before our meetings. It would seem that many people in the community were aware (after all, ACE Hardware is one of the busiest places in downtown) of something that our local media wasn't aware of. That hardly constitutes spying in my book.

I arrived at City Hall where we were scheduled to discuss the contract for Mike Kee and then officially hiring him and welcoming him to his first council meeting. I wondered if Milo Pope would show up smelling of "good cheer", something that a majority of councilors are very aware of, but still assuming he would show up. Just minutes before the exec session began, Becky Fitzpatrick approached the Mayor to say that Milo Pope had just called and "something had come up, and he'd be "a little late."

We all know that he never made it to either meeting.
We all know that your story didn't include the above information, but did include his excuse of "fellowshipping".

As much crap- and I can't think of another more appropriate word- as Milo has put us all through, I don't find it the least bit odd that someone would find it interesting enough to take a photograph of an elected city official skipping a meeting in the company of someone currently suing the city. I also don't think that citizens keeping tabs on their elected officials qualifies as spying - without citizen watchdogs, you would rarely have a story. As it turned out, you reported the excuses brought to you by someone (clearly with personal self interest) to tell his side first.

Your paper should have REPORTED what happened before you printed a flimsy alibi for someone.

If you are so interested in spying, why didn't you weigh in when former CM Brocato had S. Regan conduct her secret surveillance on all council members properties? That was a clear breach of protocol if not spying.

Why didn't you weigh in on the fact that some councilors, Milo Pope in fact, were observed with code violations and were not cited? Not a benefit afforded the general population of Baker City, for certain.

Why didn't you weigh in on the fact that Milo Pope then filed a lengthy, and costly, complaint to the State Ethics commission on the basis that I had a conflict of interest (in his opinion) for participating in discussions about the Property Maintenance revision when I wasn't in violation of any of the ordinances?

That complaint was thrown out by the Ethics Board and one member commented that he couldn't believe an elected official would go that far for retribution. They had asked why Milo Pope would file a complaint against only me, when 5 members of council, including himself, didn't claim potential conflicts (there were 5 members of council with actual or potential violations in Brocato's surveillance document) and I had to state that it may have been related to the fact that I was 'one of four members that voted to remove the CM.'

How far can an elected official go in Baker City?

When it appears that both newspapers quote him far more often than the members of council that have opened their packets, studied the information and actually spoken with their constituents, it would appear that some elected officials get special treatment and can go very, very far without anyone from the press "spying" (or reporting) on their service, or lack thereof.

Beverly Calder
___

See also Richard Harris' Letter to the Editor Here:

A lot more to Pope-Brocato story

Wednesday, August 25, 2010

What was Milo Pope Doing While AWOL from the August 24, 2010 Council Meeting?

[Edited/corrected 8/26/10]
Just one item in this blog. It pertains to Councilor Milo Pope's whereabouts during Tuesday's Council Meeting, and the resulting ruckus when two citizens, myself and Jason Bland, investigated reports that he was holding yet another meeting, or "get together" with ex-City Manager Steve Brocato and his friends.

- Yervasi-Pope Law Offices on Third St. across from the Courthouse

Before I get too far along, I want to explain the obvious. I, as a sometime no-profit (actual loss) blogger and reporter, run into situations where I am reporting on events in which I am a participant with a fairly clear bias. I have not pretended otherwise to the best of my knowledge. One of the problems with mainstream journalism, in my view, is that they present themselves as beyond bias and very objective, which I feel is unrealistic, and which most viewers and readers can discern by reading mainstream reporting. I once wrote articles for a publication called the "Peace and Freedom Partisan" and was entirely comfortable with that because readers understood that we actually stood for something and took partisan positions. My humble blog is no different. I will not report on the activities of my brother, for instance, and expect you to think that what I write has no slant, or meets journalistic ethics in regard to emotional conflicts of interest. I write a blog, and it has a political position of sorts, while also trying to report news (that often carries a particular viewpoint, perspective, and sometimes, clear bias--but at least my intent is not to deceive you into thinking that I have a non-partisan position, like so many publications do.

Just wanted to get that out of the way, as once again, I find myself reporting on public figures with whom I have expressed a clear difference of opinion on several occasions. In this blog, I am reporting an account of my experience, not the usual opinion piece, and not the least bit literary or even entertaining (although the latter is tempting). I just want my version of the events on the record, because I know that one or more papers will be reporting on it soon, with quotes from some of the other participants. My information is that one of the papers has a police report, which I do not posess, although if necessary, will obtain. I was given the opportunity to comment for a Record Courier article without knowing what other participants had said, and I chose instead to just report here what had happened. A response will be a forthcoming to any reporting by the papers that isn't in accordance with what I saw happen. I had intended, of course, to report on the event, but not necessarily in this manner.

So . . . here is an account.

This last Tuesday night (8/24/10) I received a call sometime after 6 PM from an interested citizen who told me that Councilor Milo Pope was not attending the Council meeting, and instead was involved in his own get together with Steve Brocato, Jennifer Watkins, and Dave Davis at the law offices of Yervasi & Pope. He told me that a friend of mine, Jason Bland, was there to document Milo's whereabouts while an executive session and a regular Council meeting was occurring at the Council chambers that same evening at about the same time. I had heard reports previously from this source about planning sessions taking place at the law offices of Yervasi & Pope at 1990 3rd. Street, across from the Court House, sometimes with Damien Yervasi in attendance, and normally with Milo Pope, Steve Brocato, and others. These meetings were alleged to have begun prior to the last Council election. It was also alleged that there was a well stocked bar in the building which supplied those present with copious amounts of alcohol during their meetings together. I have never attended such a meeting, but I believe the report, and those of others, to be credible, much like you trust someone who has not been shown to be untruthful in your dealings with them. The source had told me more than once that I should go down and see what I could find out about the participants of these meetings, and I wanted to do so. As it would be hard for me to document all that was mentioned above, please be clear that I am only reporting what I've been told by seemingly credible sources who have had the opportunity to know first hand.

I was soon enough in contact with Jason Bland, and decided to go down and offer whatever assistance I could in documenting that Milo was there and with whom. The main reason I wanted to do so was that most people expect that Councilors will attend Council meetings when in town so as to faithfully fulfill their duties as Councilors. They surely don't expect them to be off meeting with fired City Managers who are currently suing the city, as Steve Brocato is. Milo has held another seemingly uncalled for meeting with fired City Manager Steve Brocato that was reported on in the Herald.

Councilors do take an oath of office that reads as follows:

I, ______________________ being first duly sworn, depose and say that I will uphold and defend the Constitution of the United States , the Constitution of the State of Oregon, and the Charter of the City of Baker City, and will perform the duties of Councilor of the City of Baker City to the best of my ability, so help me God. [emphasis added]


As far as I know, performing the duties of Councilor to the best of one's ability does not include ditching a Council meeting so as to meet and party with a fired City Manager who has a lawsuit against the city, or with other ex-councilors and ex-city employees.

So, given my interest in the issue, I rode down on my bicycle, cameras in basket, and tried to assist and witness what was happening. My biggest regret is that I didn't anticipate the aggressive response from the folks in the building and so didn't take my movie camera to document on video/audio what they did and said when we were about to leave. I only wanted a few photos to document that Milo Pope and and friends were there when he was supposed to be at a Council meeting.

When I arrived, we positioned ourselves on public property so as to view who was leaving the building. Here is some of what we saw when I was there. (Jason had showed me a photo of Dave Davis leaving before I arrived. I was obviously not there to witness that.) I have subsequently been informed that Andrew Bryan was not there earlier but that Jeff Petry was.

- Steve Brocato's & Milo Pope's Vehicles in Yervasi-Pope Law Offices Parking Lot, 1990 3rd Street. August 24, 2010; 6:43 PM. Jennifer Watkins' Dodge Durango was parked at the curb on Washington near the north east corner of the building. (Have photo but don't want to take up the space here.)

- Milo Takes a Break

At about 7:04 PM, according to my camera, Milo Pope emerged from the building and walked over to the large tree by the parking lot and stood there with his hands down near the front of his pants for a minute or so. It had become dark rather rapidly in that shaded area, and not being used to taking photos with a long lens at night without a flash, I didn't have the shutter speed set appropriately, thus resulting in a poor grainy photo (Although they all would probably been a bit grainy.). Check photo above very carefully to the left of the tree in front of Councilor Pope, where the dark grass meets the building in the background for other subtle details.

After taking a brief break by the tree, Councilor Pope went around the building and returned to the north east corner, where he checked his cell phone a few minutes later. (see photo below) He then returned to the get together in the building.

- Milo Checks Cell


- At 7:14 PM, Jennifer Watkins left the building and got into her Dodge Durango.

- At 7:16 PM, Former Councilor Andrew Bryan arrives and escorts Jennifer Watkins back into the building. (Apologies for the fuzzy, grainy photo, but by then the shutter speed was one second or more.)

- At 7:24 PM, Steve Brocato comes out of office and observes us from behind Andrew's car. (Again, apologies for the fuzzy photo.)

At around 7:30 PM, Milo came out and stared at me while I was preparing to leave on my bike. At about the same time, Steve, Jennifer, and Andrew came out and looked over at me, seemingly amused. I grabbed the long lens out of the basket and took two fuzzy photos, hand-held, without a tripod or support.

That's When Things Got A Bit Out Of Hand.

(Things got ugly pretty quickly, so this is my best recollection during a bad situation.) Milo then decided he needed to come over in a threatening manner and call me a "creep" while standing in front of my bike. A witness said he actually straddled my front tire. I am comfortable with who I am, and sort of understand that Milo likes to give people "hell," but I was worried from his demeanor and position that he was going to snatch my cameras, which I can't afford to lose. I humored him and put the "must save" camera around my neck for better protection. So he calls me a creep a few times and then was joined by Jennifer and Andrew. Jennifer was decent and just sobbed about my reporting with regard to her, and Andrew thought it would be important to take my picture too, so I waved and tried to smile. Jason was troubled by Milo's behavior and about the time Andrew was going to go over to Jason to take his picture, Jason came over to us. Milo touched Jason and they began shouting at each other, including Jason telling Milo not to touch him, and suggesting that Milo was subverting the Council. Then Steve Brocato rushed over from across the street and gets right in Jason's face, so there was more loud talk. Steve apparently thought that was an appropriate time to knock Jason's hat right off his head, which really brought the best out in Jason.;-)

Anyway, I believe that Milo and Andrew then tried to separate them by sort of pushing Steve back across the street, but the two continued their "communications" and Milo was apparently touching Jason again, so it seemed like the time to go across and help calm things down. When I crossed the street, Steve Brocato, in his always counterintuitive and seemingly arrogant way, decided to call the Baker PD, to whom he had gifted a building a few years earlier, even though it was he who initiated the scuffle by getting in Jason's face and knocking off his hat. Vintage Brocato in my view. I was told by one participant that his speech was slurred when he made the call to pd, but I have not confirmed that.

Two rather calm officers, Plaza and Downing, arrived shortly thereafter to help sort things out. Jason and I were interviewed first, and they ran a check on my name and license in the system. They then interviewed some, if not all, the other participants, but I don't know whether they ran their names and license numbers through the system. Jennifer called her husband who came and took her home, leaving the Dodge Durango parked at the curb. A little later, Becky Fitzgerald dropped by, saying hello, and that she was just passing by on her way home from the Council meeting.

Jason and I spoke with the two officers about the situation, and Jason was told he could file a charge of harassment against Steve Brocato, but he declined to do so. I wondered if any of Steve Brocato's behavior would be documented in a police report and I believe I was told that it would not be unless Jason filed charges. Not sure where that stands. I was just recalling some of the other incidents of people being thrown out of his office, the incident with the child, the interactions with myself and others at previous Council meetings, and etc., and wondering if any of this apparent pattern is ever on the record.

Milo asked if we would like to join him for coffee in his office but I declined as I wanted to get home, thanked him, and shook his hand. Jason had suggested an officer might want to look after Steve Brocato if he tries to drive home, but it is not clear that they did so. I do know that after talking to a witness and friend across the street at Ace Hardware, I left, but was stopped by Officer Plaza a few blocks west on Washington for a friendly chat. (Both officers were friendly and respectful.)

That's it--just about all the important details I can recall. Things happen when you catch someone apparently shirking their public responsibilities to meet with a friend and disgruntled former City Manager who is suing the City.