Valley Voice
Tulare lawsuit deposition reveals personnel complaints, more
HCCA CEO searched, DA says taxpayers may have overpaid $4m
NANCY VIGRAN
nancy@ourvalleyvoice.com
TONY MALDONADO
tony@ourvalleyvoice.com
Up to $4m in federal funds meant to lighten the burden of taxpayers in the Tulare Local Healthcare District weren’t used for that purpose, Tulare County District Attorney Tim Ward told the public last Wednesday. Ward also updated the district’s board, and public, on his office’s investigation into Healthcare Conglomerate Associates (HCCA). The district was qualified to issue Build America Bonds in 2009 under a scheme that subsidized some of the district’s interest rates. The funds would be paid to the district, which would then pass the funds along to the Tulare County Tax Collector’s office. “The U.S. Treasury made a direct payment to Build America Bond issuers in the form of a 35% subsidy of the interest they owed to investors. Since the effective cost of borrowing was reduced for issuers, they were able to offer the bonds to investors at competitive rates in the markets,” according to an Investopedia.com article. From 2010 through 2015, those disbursements went through without
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Matt Ainsley, VP of civil engineering firm 4 Creeks, Inc., introduced Chandi Group USA’s latest gas station development plan for the corner of Caldwell Avenue and West Street. The plan was rejected last month by the Planning Commission. Chandi Group USA will appeal the decision May 7 to the Visalia City Council. Dave Adalian/Valley Voice
Visalia City Council to consider AM/PM appeal
DAVE ADALIAN
dave@ourvalleyvoice.com
Developers behind a plan to build an ARCO AM/PM in southeast Visalia are making a third attempt at approval after the Planning Commission shot down the project in a split decision last month.
Appeal to City Council
The Visalia City Council will act as final arbiter in the matter when Chandi Group USA appeals the denial
at 7pm on Monday, May 7, in the Council Chambers, 707 E. Acequia Street. The group can expect to meet with another wave of objections from its possible future neighbors, but those behind the scheme say they expect it to be approved. “The officials have all told us on the public record to make it smaller, make it fit the neighborhood,” said Tom Freeman, Chandi Group USA’s
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DA Ward is pay-to-play, opponent claims CATHERINE DOE
catherine@ourvalleyvoice.com
Matt Darby, a candidate for Tulare County District Attorney (TCDA) and his supporters claim Tim Ward, the incumbent, engages in “pay to play politics.” Ward’s supporters claim Darby is playing just that – politics. Voters will have their say June 5. Darby has highlighted three cases where Ward allegedly used his position as District Attorney to help his friends and campaign donors. Ward denies these allegations saying,“No prosecutor in this Office will favor campaign donors in their decisions. All cases will be reviewed based upon the facts contained in the reports. Likewise, it would be unfair to hold a campaign donor to a higher standard than required by law.”
Safety Violations at Setton Farms
In 2014, a sanitation worker assigned to clean machinery for sorting pistachios lost her footing and fell while working at the Setton Farms processing facility. When she reached out her right hand to break her fall, it came into contact with an unguarded moving conveyor belt and she was drawn into the rollers resulting in serious injury to her right arm. Setton Pistachio of Terra Bella has been a family owned Pistachio com-
Volume XXXVIII No. 9 3 May, 2018 ourvalleyvoice.com
pany since the 1980’s. The company harvests, processes, and packages pistachios and is one of the largest pistachio growers and processors in the country. According to CAL/OSHA, a division of occupational safety and health for the state, Setton Farms violated a labor code that states that the belt guard “shall be such that a person cannot reach behind it and become caught in the nip point between the belt, chain, drum, pulley or sprocket.” CAL/OSHA referred the case to the TCDA in October of 2014. In August of 2015 the DA’s office reported back to CAL/OSHA that it declined to file due to insufficient evidence to support a criminal prosecution. Darby claims no case was filed because Setton Farms is a major Ward campaign donor. From July of 2014 to June of 2015 the company has donated $21,000. After the case was closed Setton donated an additional $10,000 more to Ward’s campaign. Assistant District Attorney Dave Alavezos denies that their office dismissed the case. He stated that as a result of a 2011 employee death at the processing plant the two cases overlapped and resulted in an extension of the injunction for one year. “As a result, the duration of the proposed civil injunction was extended one year for this incident. The civil
judgment and injunction were entered into on June 2, 2014. It included training, several hundred thousand dollars in civil penalties which are separate from any civil judgment to which the employee may have been entitled. On December 31, 2017, the injunction was ended with no further reported violations. Over a year after the injunction was ordered, CAL/OSHA in July of 2015 submitted the 2014 incident requesting a violation of the injunction. They were informed the incident was not a violation of the injunction,” Alavezos said. Darby claims that the two cases did not fold into each other. “The TCDA rejected the case outright without filing criminal or civil charges. They did nothing,” he said. Former San Benito District Attorney John Sarsfield, who is a Darby supporter, countered by saying that because Ward had received $21,000 in donations from Setton Farms he should have recused himself and referred the case to the Kern County DA as he did with the case against former Police Chief Jerry Breckinridge.
Ward Contributor Amends Conviction without DA’s Objection
In March of 2015, a Visalia busi-
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A recent deposition of Tulare’s deputy city clerk, and its supporting documents, reveal city employees’ complaints about the burdens of the Public Records Act, and complaints regarding the city attorney’s office’s efficiency and billing practices. Roxanne Yoder, the deputy city clerk, was deposed as part of two lawsuits filed by former resident Ben Brubaker. Brubaker’s attorney, Michael Lampe, conducted the deposition. Heather Phillips, Tulare’s City Attorney under a contract with Goyette & Associates, states that there was a large backlog of work when the firm was retained, some of which is still being worked through. She also claims that Lampe’s legal strategy is “to create as much disruption to the City as possible.” The first suit filed on January 31 asked the court for enforcement “For a declaration that the City has not complied with the January 16, 2018, Public Records Act request, and that the requested documents should be produced forthwith.” The second suit, filed on March 2, was based upon a lack of transpar-
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26th Assembly, Tulare County 5th District supervisorial candidates spar TRENT LINDSEY Immigration, agriculture, food, poverty, and the environment were key topics at a candidates’ forum in Porterville on Thursday night. Candidates for the Tulare County Board of Supervisors’ fifth district and State Assembly District 26 participated in the event. The event, held at Comisión Honorífica Mexicana Americana, was moderated by Telemundo’s Vanessa Ramirez. The supervisorial candidates included Dennis Townsend, a Porterville-based architect; Virginia Gurrola, a former Porterville City Councilwoman; and Juan Figueroa Jr., who is currently employed by the Tulare County Office of Education. It was apparent that the candidates found much common ground on the issues of education and their budgeting preferences. With respect to education, all three candidates expressed the need to continue to foster the development and implementation of apprenticeship and career focused technical education programs. Townsend stated that as an advisory board member for the Porterville Unified School District, he has seen first
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