Bob Simpson schools Fellow Conservative Leo Sears

Advice From Fellow Conservative

Leo: Every U.S. citizen is granted the privilege to file a lawsuit when compelled to do so. But with this privilege comes responsibility. Your complaint is irresponsible, disingenuous and politically motivated.

Leo, you are part of a conservative based, orchestrated attack on the Harbor District that is supported by 10% of voters. The sole objective of your group is to take control of the Harbor District Board by creating doubt about Greg Dale’s integrity. The attack group includes HumCPR, members of the Builders Exchange and East-West Rail supporters. I know this to be true as I am in receipt of email and voice mail that validates my statement. For example, I received a voice mail September 19th at 9:18 AM from Kent Sawatzky telling me about the lawsuit being filed against the Harbor District and Greg Dale. Mr. Sawatzky also indicated your group would be seeking an injunction to halt all Harbor District business until the 1090 issue was determined. Good luck with that Leo.

I received a second Kent Sawatzky voice mail September 25th at 9:29 AM. This voice mail discusses the possible hiring of a Portland, Oregon attorney named Michael Haglund. Mr. Sawatzky suggested Haglund had prior success in suing Pacific Seafood. I suspect Mr. Haglund would not agree to your pro-bono request as your lawsuit lacks merit. So instead, you selected Mr. Bertain.
For sake of transparency Leo….the orchestrated smear campaign of Greg Dale is in response to your conservative groups anger over Dale’s support of a vision for Humboldt Bay that does not include an east-west railroad. Let me share something with you Leo…90% of Humboldt County voters would not invest $1 in the east-west railroad because the economics don’t justify the investment. But I do believe the 90% voter base would support a vision for a “coastal dependent, eco-industrial economy.” The question is Leo….do you want to be part of the 90%?

Bob Simpson

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46 thoughts on “Bob Simpson schools Fellow Conservative Leo Sears

  1. I think anyone who supports the rail has delusions of being in the one percent. I’ve never read Ayn Rand, but I don’t think the government funded any feasibility studies of the railroad in Atlas Shrugged…..

    Liked by 2 people

  2. I personally thank you Tuluwat Examiner for reprinting Mr. Simpson’s statement.

    I first saw Mr. Simpson’s statement in the comments section of a LoCO article about Mr. Sear’s lawsuit. He came in late in the discussion and I was beginning to be concerned I was the only one who saw it.

    I think eventually we all have to start asking the question: If the East/West Railroad (and subsequent heavy industry development of the bay) is such an economic basket case of a project… why then are there so many “heavy hitters” out there pushing for this for all their worth?

    Obviously the “90%” would be the losers… but how do the “10%” come out winners?

    Say what you will about the majority of “Railroad Buffs” who want the rail project to happen, the people leading the effort are not fools.

    And they are spending a lot of time, energy and money to buy themselves a majority on the Harbor Commission. To what end?

    Liked by 2 people

    • Getting rid of dangerous materials can be very profitable. No one wants to say it, but shipping dangerous waste from Eureka could, and probably would be the end result of the East/West rail to a “deep water” port. There is a relatively small population in Eureka and Humboldt in general. So, any big spill, leak or explosion would kill far fewer people than in major population centers with deep ports and thriving shipping business. Plus, in an economically depressed economy who would argue with “job creators” bringing good money for nuclear waste handling jobs in Humboldt?

      Liked by 2 people

      • Gosh JP, you sound like you are describing Louisiana and their legacy of “Devil’s Deals.”

        Imagine that… what other context do I hear Louisiana spoken of in connection with local personalities?

        The name is just on the tip of my tongue….

        Liked by 1 person

    • Mola42: “but how do the “10%” come out winners?”

      My guess would be through an investment scam. They know they won’t get Fed $$$ and very little State $$$ for infrastructure capitalization, so, they sell the idea straight to the rubes.
      After all, Warren Buffet hisself is a big RR fan.
      http://investorplace.com/2014/03/railroad-stocks-unp-cp-nsc/#.Vhgp3DArKt8

      Continue to push the coal to China pipe dream. Perhaps add in some lumber & oil prospects (see link above) and the far away rubes will be salivating in their shorts, (think China and eastern emirates with tons of surplus cash). With the usual laissez faire regulatory attitude still the norm on Wall Street, most likely worse elsewhere, it’s a scammers dream. Complete with high paid Director positions for their pet cats. How can they lose? Also remember that the risks are slim.No one goes to jail anymore from the financial sector Not going to change soon, either. Perfect shitstorm conditions.

      Put a catchy name on it like; Eureka-Shanghai Clipper, Western Eastern Pacific RR and, voila.

      Wouldn’t you like a 100 share engraved stock certificate of some of that hanging over your terlit just for the fun of it?

      Just a wild guess.

      Liked by 3 people

  3. EW rail makes perfect sense, studies show that chinese imports can get to the Bakersfield Dollar Store 1/2 day sooner than coming into Oakland. Coal, gas, hazardous waste can get to china 1/2 day faster too. And we can put a hiking trail next to it.
    And and all for free…unless you are a taxpayer

    Liked by 2 people

  4. Be warned, Julie Williams from the Humboldt Home Builders Assoc. is a complete nut job. Several screws are loose on her noggin for sure…

    Liked by 1 person

  5. I think there are a lot of folks who could benefit from the very idea of a railroad without it ever coming to fruition. If you happen to own property where the proposed right of way would be, you could start choo choo fervor, sell your land for far more than it’s worth now, and laugh all the way to the bank….without even turning a shovel…..

    Liked by 2 people

  6. Holy crap, I just blew iced tea out of my nose. Bobby Simpson is basing his complaint using voice mails from Kent Swastzky? That’s got to be one of the funniest things I’ve heard in a long time.
    Its pretty obvious that Bobby Simpson is attached at the hip to the Harbor Commission. Probably because of their questionable business dealings, so he has to carry their water, but this is hilarious.

    Like

    • “Bobby Simpson”?
      Mr. Simpson stated his case clearly, and used his name in public.
      That’s more than we can say for you, “monte.”

      Liked by 3 people

    • Monte: I hope you enjoy my email exchange below with Alec Ziegler, the executive director of HumCPR. Alec is an intelligent guy who I sincerely believe will do great things in his lifetime. But on this issue, Alec appears to be out of tune with HumCPR’s mission statement. Alec’s email below clearly states his knowledge of an orchestrated effort to go after Greg Dale and the Harbor District. However, HumCPR’s mission, which is quoted on their website as saying “dedicated to preserving the rural lifestyle that has been the historic tradition of Humboldt County”, has nothing to do with Harbor District business or Greg Dale.

      Bob,

      I believe that Code 1090 is fairly common knowledge. I cannot speak to what communications have taken place between groups, but I do know that Code 1090 was brought before the Harbor Commission by multiple groups during their most recent meeting.

      As for HumCPR’s part, the timing of our CPRA inquest was a direct result of the contract renewal being addressed at the meeting and the subsequent concern voiced by several members and our Board.

      I agree that a huge political shake-up has potential negative consequences. I steer clear of any back-room politicking, so I really can’t say who or what is motivating the collective actions of other groups that are involving themselves. That’s not my interest.

      On Tue, Sep 22, 2015 at 3:42 PM, Bob Simpson wrote:

      Alec: I just read a letter addressed from Sid Berg to Coast Seafood executives citing Code 1090. As you know, Sid is a member of the local Plumbers and Steamfitters Union. I consider Sid a friend. I think it is safe to assume Sid wrote the letter on behalf of the Builders Exchange. I also had a voice mail and call from Kent Swotski today. I saved Kent’s voice mail. Kent is also claiming that his group is going after Greg Dale using Code 1090. We both know that Kent is repeating what he heard. The timing of each event is not coincidental. This is a political move to reshape the Harbor District Board. I think this move will have negative repercussions.

      ——————————————————————————–
      Date: Tue, 22 Sep 2015 14:27:57 -0700
      Subject: Fwd: Attention Alec Ziegler
      From: humcpr@gmail.com
      To: simpsonbob@live.com

      Bob,

      It was a pleasure speaking with you, and I’m glad we were able to discuss our positions. I agree, such conversation is beneficial to all involved.

      The specific law in question is California Government Code 1090 as it relates to contracts. There is a history of case law (also included in the attachments) that seems to corroborate our concerns. Of course, I am not a legal expert on that matter.

      I’ve attached a number of documents, including CGC 1090, that outline many of our concerns. I’ve tried to make some notes within the documents to direct your attention to the relevant information.

      I mentioned in our conversation that there is potential that Greg recusing himself from voting may not eliminate all concern as it relates to conflicts of interest; specifically, our concerns are with the legality of his participation in any phase of the contract formulation and negotiation procedures.

      What is ultimately our greatest concern is that, if a conflict does exist, there is potential for the contracts between Coast Seafoods and Harbor District to be voided as a result of Greg’s participation. I think that could potentially be a catastrophic blow both to the Harbor District and a very important local business. This is the result that I hope can be avoided at all costs.

      If you have any questions regarding the materials I’ve sent over, need to clarify anything we previously discussed, or can refute the issues raised in the accompanying materials, please do not hesitate to reach out. I will greatly appreciate any input you may have.

      Best Regards,

      Alec Ziegler

      Humboldt Coalition for Property Rights
      http://www.HumCPR.org

      On Tue, Sep 22, 2015 at 11:14 AM, Bob Simpson wrote:

      Alec: Thank you for your call this morning. Whether we agree or disagree, it is always positive to have transparent discussions. As I indicated this morning.

      During our call, you referenced a law that you believe may be problematic to Greg Dale/Coast Seafood and the Harbor District. Could you email me a copy of that law?

      Thanks,
      Bob Simpson

      Like

      • Mr.Simpson, you may not want to believe this, but there are many many different people concerned about the actions of the Harbor Commission.

        This is not a new thing, they have been concerned for quite some time. Many of these are former major Dale supporters. It is far from strange that these people share information.

        By accusing the builders exchange of having anything to do with this, and using Kent Sawatsky as a source, just proves you do not have any idea of what you are saying. Just remember, Kent’s favorite saying is “ If you don’t like the rumor out there, just start your own “ but I believe you must know this, because you are a long time contact of Kents.

        I am very surprised that you chose to use Sid Bergs name without the courtesy of contacting him first.

        I believe Zeigler’s letter was honest and very straight forward. I guess that when they heard of the accusations made against The Harbor Commission, instead of listening to an outside source, to find the truth they researched it themselves. The only way to do this correctly is to file a freedom of information request, which is the right of every citizen.

        You make it sound like they broke some law or did something wrong. We still live in the USA, and we still live by rules. And it is not against the law to criticize the government.

        Like

  7. OK, I’ll bite.

    What “questionable business deals”?

    Liked by 2 people

  8. How quaint.

    Someone still believes that using a real name somehow imparts credibility or implies courage, or both!?

    It doesn’t.

    Complaining about anonymity within an anonymous venue reads like a cartoon that’s actually funny.

    Liked by 3 people

  9. Monte: First, I hardly know Ken Sawatzky. In fact, I have met him in twice.

    I believe my reference to Sid Berg in my OP-ED is fair and does not require his approval. As you will read below, I am in receipt of Sid Berg’s letter to Pacific Seafood Group. Please take notice, Sid did not copy Greg on his letter to Greg’s superiors. Sid is a friend. As every U.S. Citizen, Sid is entitled to his opinions and political views. I respect his view and I hope he will respect mine. When Greg Dale is exonerated, I will continue to call Sid my friend.

    As you will read below, I am in receipt of the letter Sid wrote to Pacific Seafood. I think you will agree, Sid wrote this letter as an individual but he represents a group of conservatives who are focused on winning an election and they will use any tactic necessary to do so. As you know, Sid is a member of the Plumber’s and Steamfitters Union. This Union is a member of Builders Exchange, who happened to take part in the September 10th Harbor District meeting. Builders Exchange is on record of accusing Greg Dale of violating code 1090. Sid also supports the East-West RR which has ties to Leo Sears and Bill Bertain. Each of these groups is involved in the smear campaign of Greg Dale. And everyone is aware of HumCPR’s involvement in this attack.

    Monte…Please click on this weblink and read HumCPR’s Mission Statement. http://humcpr.org/ I think any reasonable person will agree with me, HumCPR mission statement is a far cry from getting involved with Harbor District business.

    Monte…I agree with your statement “it is not against the law to criticize the government”. In fact, freedom of speech is under appreciated. But elections should be won or lost based on a persons character, knowledge and willingness to serve the public. I object to the manner in which my conservative colleagues are treating Greg Dale and the Harbor District. If I lose friends over stating my opinion then those who no longer consider me a friend were not friends to begin with. Monte….I don’t expect to change your view. But I hope you will respect my opinion as I respect yours.

    Sid Berg September 21, 2015
    P.O. Box 2413
    McKinleyville, CA 95519
    mastersid223@gmail.com
    (707) 599-0899
    To: Pacific Seafood Corporate Headquarters
    16797 SE 130th Avenue
    Clackamas OR 97015
    503-905-4500

    Mr. Frank Dominic Dulcich
    President and CEO, Pacific Seafood Group
    Email: fdulcich@pacseafood.com
    Daniel C. Occhipinti
    General Counsel & Director of Government Affairs
    Email: docchipinti@pacseafood.com

    Brandie Hogg
    Director of Human Resources
    Email: bhogg@pacseafood.com
    Re: “Conflict of Interest” between the Humboldt Bay Harbor and Recreation and Conservation District, Harbor Commissioner Greg Dale and Pacific Seafood, D.B.A. Coast Seafood

    Dear Mr. Dulcich, Mr. Occhipinti, and Ms. Hogg;
    It has recently come to my attention that a 40 year tideland lease has been negotiated and approved between Coast Seafood and the Humboldt Bay Harbor, Recreation, and Conservation District, a legislative mandated governmental body with an elected board of commissioners.
    As you may know, Greg Dale is the incumbent Harbor Commissioner representing the Second District. Mr. Dale is also the Manager of your subsidiary, Coast Seafood, based in Eureka, CA. Is your company aware that acting as the manager of Coast Seafood with compensation of more than $500.00, and sitting on the Harbor Commission, while a contract is negotiated and approved is a violation of Government Code Section 1090 (a)? There are several precedential court decisions that lean towards a more liberal interpretation of “financial interest” than in The Political Reform Act of 1974.(California Municipal Law Handbook, Prohibited Contracts (B). As attached.)
    GOVERNMENT CODE
    SECTION 1090-1099
    1090. (a) Members of the Legislature, state, county, district,
    judicial district, and city officers or employees shall not be
    financially interested in any contract made by them in their official
    capacity, or by any body or board of which they are members.
    Page 2.

    In the Eureka community there is a growing perception of collusion over the close relationship between Coast Seafoods and Commissioner Dale, and even if it is not warranted, it is beginning to cast a shadow over your company and the district. See the following link and read the comments:
    http://thclive.net/2015/09/17/whats-that-smell-something-fishy-in-the-harbor-district/

    If someone files an official complaint with the California Fair Political Practices Commission or worse yet, files a taxpayers suit against Mr. Dale and the district, the end result may be to render the tideland lease contract void and jeopardize the $1.25 million dollar loan that was generously extended by your company to the district. No one here wants that to happen.
    Coast Seafood has been an asset to this community. It would be a waste of time and resources to be drawn into litigation because of bad legal advice and the Harbor District’s reluctance to admit impropriety. Even the perception of a conflict of interest tends to “lower the bar” on the company’s commitment to operate in a socially responsible manner, as outlined in your “mission statement”.

    Your website also states: The definition of integrity is “the fine sense of one’s obligations to another.”
    Mr. Dale’s integrity is under a spotlight now by this chain of events. The best and easiest solution to preserve his reputation and that of Coast Seafoods, in my opinion, is if Mr. Dale resigns his position on the Harbor District.
    Please consider consulting with Mr. Dale as to the best direction to proceed in this matter.

    Sincerely,
    Sid Berg
    Concerned Citizen

    Like

    • You’ve got to be kidding me. They tried to get Mr. Dale fired from his job if he refuses to “play ball”?

      I know it doesn’t say that in so many words… but just what does it mean to demand “consulting with Mr. Dale as to the best direction to proceed in this matter”… or else face a lawsuit?

      Mr. Berg might as well have ended his letter with, “It’d be a shame if something were to happen to all those fish…”

      Folks want to know why progressives react the way we do to the conservative old guard of this county? Because when the old guard think they can get a way with it… they act like schoolyard bullies.

      Liked by 1 person

      • PEOPLE! Do your research! It is not someone trying to “Get someone fired”…. it is someone bringing light to a clear conflict of interest at contracts per Section 1090 et seq. in codified LAW. The only way for the District to move forward is to have Dale step down, then have the District re-vote on the contract. That way no business is lost in the seafood industry. It REALLY IS THAT SIMPLE.

        Enough with the DRAMA.

        Like

    • MR Simpson I am astonished at the willingness you have to tell untruths. Saying that Sid Berg represents a conservative group focused on winning an election is an out right lie. Why are you attempting to smear Sid?
      You claim the Builders Exchange took part in the District meeting on the 10th. Another out right lie.
      Claiming there is a smear campaign against Greg Dale is also not based in fact.
      Other than asking questions about the possible violation of code 1090 ( which some top advising attorneys seem to think have merit) what smear campaign are talking about.?

      I’ve seen nothing as nasty as what you have printed here.
      If I was a suspicious person I would think Salzman is actually writing this using your name. ( It;s been done before).

      You continue to demonize an organization for asking questions.

      I believe most people realize you feel that your pellet mill deal is jeopardized if the election goes badly. I say nothing could be further from the truth. All the candidates support the District purchasing the 17 acres next to the pulp mill.

      Like

      • Monte:

        Are you claiming Mr. Berg did not send the letter in question?

        Or are you claiming that Mr. Berg is a crank with no connection to your own virtuous selves?

        I think Mr. Simpson has backed his case. Perhaps you should work on your own image. It’s looking at bit… Smeary.

        Liked by 2 people

  10. Sid’s letter dated September 21st states “It would be a waste of time and resources to be drawn into litigation because of bad legal advice and the Harbor District’s reluctance to admit impropriety”. In other words, Sid is telling Pacific Seafoods senior management team to direct Greg Dale to resign or Pacific Seafoods would be sued. I received a voice mail from Kent Sawatzky left me voice mail September 19th, 22nd & 25th. In his September 22nd message he state “What I’m about to do, you may end up being collateral damage”. Neither Sid nor Kent filed the lawsuit. But it is clear they both new a lawsuit was going to be filed. Sid’s letter was an attempt to force Pacific Seafoods to ask Greg to step down as Commissioner so that Nick Angeloff could run uncontested. Kent’s voice mail was intended to alert me to close the 17-acre sale to the Harbor District quickly because he believe the lawsuit would be followed by injunction to stop all Harbor District business. Monte…I know for fact that the actions of Berg, Sawatzky, Bertain & Spears are not random. I suggest you read my email thread with Alec Ziegler again. While HumCPR doesn’t admit to working cooperatively with other groups. He does admit that he is aware other groups are working on the same issue. Let me be clear Monte….I dislike smear campaigns and I don’t like bully’s. I want the smartest representatives on the Harbor District Board because that Board will impact the value of our Samoa property. In the November 2015 election, Greg Dale and Pat Higgins are the best candidates for Humboldt County.

    Liked by 1 person

    • It is interesting how you can take a letter to Pacific Seafood, some ramblings form a Sawasky, add that to some invisible sticky dots and come up with a story that fits your narrative.
      I just re read the letter , it is obviously a letter written to alert Pac. Sea as to an upcoming problem. There were no threats or even innuendo. Just a straight forward correspondence, written with respect. This letter could have been written by any concerned citizen.
      Only someone in a political frenzy could view this letter as some evil conspiracy filled
      smear.
      I am still questioning your motive for writing so many out right lies, and using these bullying smear tactics.
      Could there be something in your dealings with the Harbor Commission, like maybe the boiler that was supposed to be worth millions, that turned out to be scrap?

      Any way, all this will be worked out at another time.
      This will be my last post on this issue because it is becoming boring.
      I’m sure there will be some parting stabs from you and MOLA, but I can take it like a man.

      Like

      • You keep implying that Mr. Simpson is lying, but just because you claim it doesn’t make it true. I respect the fact that Mr. Simpson made some claims, then backed them up with evidence. On the other hand, you have made claims yet provided nothing to back it up. In fact, you use Mr. Simpsons emails to try and support your assertions, but your argument is unconvincing and frankly seems a little desperate.

        I would love to have you continue to comment, especially if you think you can provide some evidence that supports your perspective. I suspect that you don’t have the evidence, because it doesn’t exist. This dirty politicking seems pretty transparent, even if the groups involved have been trying to claim otherwise.

        Sorry Monte. Screaming “He’s a liar. You must believe me because I’m telling you so!” isn’t an effective argument and only feeds into people’s suspicions.

        Liked by 3 people

      • Monte:

        Yep, you got it right. I’m just sitting here drooling over my keyboard with my rubber knife ready to make the final fatal excruciating stab.

        I’m glad you can stand the hideous torture I’ve been practicing on you while you manfully and logically argue your case. (Is the Sarcasm Font on here? I can’t tell for sure.)

        Oh come on, it can’t hurt that bad. I get worse from your side on at least a weekly basis. “Take it like a man.” What a drama queen.

        Any pain you are feeling right now is because you’ve been caught with your red white and blue political shorts down and you can’t argue or intimidate your way out of it.

        Deal with it. Just stop sniffling about how unfair we’ve been to you and prove you are right instead of just slopping around a bunch of vague accusations. .

        Liked by 2 people

  11. Monte… For sake of transparency, Isn’t your full name Monte Provolt. If so, then your wife is Debbie Provolt. Debbie Chairs HumCPR. Nick Angeloff is a HumCPR Board Advisor and candidate for Harbor District Commissioner. Here is the link to support my statement. http://humcpr.org/contact-us/
    Now that’s what I call a “Full Monte”!

    Liked by 3 people

  12. Holy crap, I just blew iced tea out of my nose. Bobby Simpson is basing his complaint using voice mails from Kent Swastzky? That’s got to be one of the funniest things I’ve heard in a long time.
    Its pretty obvious that Bobby Simpson is attached at the hip to the Harbor Commission. Probably because of their questionable business dealings, so he has to carry their water, but this is hilarious.

    Like

    • Monte you made the exact same comment two days ago. We’ll let it stay up this time, but try not to so obviously repeat yourself.

      Liked by 3 people

      • Gosh this is weird.

        I guess Monte is just dazed from all the merciless “stabbing” he’s received.

        When Monte said he had no more to say to us, I didn’t think he meant he was just going back to beginning and start repeating everything he already wrote.

        Liked by 2 people

    • Just as I thought Monte. You have nothing to back up what you’re saying, so you just keep repeating the same things in hopes that people with begin to believe. Nice try.

      Liked by 3 people

  13. Bob Simpson: “I just read a letter addressed from Sid Berg to Coast Seafood executives citing Code 1090. As you know, Sid is a member of the local Plumbers and Steamfitters Union. I consider Sid a friend. I think it is safe to assume Sid wrote the letter on behalf of the Builders Exchange.”

    Dear readers, I just stumbled across this blog, and somehow I have been drawn into this “silly soap opera”. First of all, it is a ridiculous assumption that I would write a letter on behalf of the Builders Exchange. The leadership of the Builders Exchange and labor unions have rather differing opinions on the value of workers in the market place, and I would have been the last person in the world selected for being a mouth piece for their organization. When I was a labor representative, I did everything in my power to try and save Bob Simpson’s Freshwater Pulp Mill. It was the cleanest pulp mill in the United States and no matter what happens in this world, people will need paper for one thing or another! Had we been successful, the liquors could have been used locally and would not have become hazardous waste, our water rates would have been subsidized, pulp would have been made to environmental standards, our port would have had ships coming and going, and people would have had good paying jobs with benefits. Seemed like a win – win to me.
    Fast forward to 2015. The economy does not look all that rosy to me. Trade unions are scaling back, or leaving the area. The meth or heroin epidemic seems to be getting more rampant, and more and more people are leaving the area. I am retired and have not been politically active for a while. Then I read the T/S letter from Leo Sears. Not wanting to take his word, I did a little research, like til 4:00 am. It looks like a pretty credible observation. After some thought, I planned on making a request at the next Harbor District meeting to ask the district to get a legal opinion from the Attorney General’s office. The meeting was cancelled! After that, I made a decision, without any pressure or outside influence to alert the parent company of a local perception of impropriety that could affect their business, which provides a substantial benefit to this community. I did NOT threaten anybody, nor tell anyone what to do! It was an informational letter from a concerned citizen. I had not known about any pending lawsuit, nor would I have suggested one. I did not receive any acknowledgement of the receipt of my letter, and calls to the company were not returned.
    Thanks to Mr. Simpson, I now have verification that they did receive it.
    This conflict of interest issue can be resolved with a legal opinion from the State or other outside agency. I would hope the district will act accordingly.

    And yes, I support Nick Angeloff and Susan Rotwein for Harbor Commissioners. In my mind, this area cannot sustain itself entirely on government grants, tourism, water trails, bike paths, oysters and ale!

    Like

    • Mr. Berg:

      Welcome to our little Soap Opera.

      So, to be clear… are you the Character who can’t help being bad despite himself or the Evil Twin Character?

      Mr. Berg… I can’t speak for the rest of us Soap Stars… but your letter is there for all to see, dissect and analyse. You can argue about Mr. Simpson’s role all you like… you can’t argue against your own words put on paper.

      As far as I am concerned this whole tragic tale is an attempt to unduly influence an election with over the top deception and bullying methods. I’m sick of it… I’ve seen enough of it the last few election cycles and I hold no respect for those who employ those methods.

      This is my home too, Mr. Berg. I want it to be better. It won’t get better with this style of democracy.

      This is where the organ plays us out…

      Liked by 3 people

  14. Monte… Is your full name Monte Provolt? Is your wife Debbie Provolt? Now I understand why you support Nick Angeloff. Now for the “Full Monte”. Debbie Provolt Chairs HumCPR. Nick Angeloff is a HumCPR Board Advisor and candidate for Harbor District Commissioner. Greg Dale was previously a HumCPR Board Advisor. But Greg Dale does not support East-West RR nor will he vote the positions of HumCPR. Humboldt Voters take a look for yourself. http://humcpr.org/contact-us/

    The Harbor District has a clear Vision. The Commissioners see the Harbor as the economic engine of Humboldt’s economy. They support a coastal-dependent, eco-industrial economy. The Harbor District represents public interest so they want to allow every entrepreneur to have the opportunity to create jobs on the bay and have access to a public port facility. Every decision the Harbor District Board makes is consistent with their vision. Here is a fact HumCPR and others won’t talk about. The Harbor District has invested more money in the Samoa Peninsula in the past 2 years than any other property owner. As a result, they have made it possible for private industry to re-purpose the Samoa pulp mill property and create more jobs on the peninsula than any other employer. Greg Dale and Pat Higgins should run on a platform of creating jobs and investing in Humboldt’s future. For this reason, I support Greg Dale & Pat Higgins.

    Bob Simpson – Republican

    Liked by 4 people

  15. Sid… I believe the readers/registered voters who follow this blog will determine for themselves what the intent of your letter was. For the record, I stand by my position that you are involved in an orchestrated effort to discredit Greg Dale and the Harbor District. The sole objective of Leo Sears lawsuit, and the timing of his lawsuit, is to smear Greg Dale and the Board. A good PR friend of mine once told me that in the absence of facts voters only have fiction to basis their decisions. So let me be clear….the purpose of my OP-ED articles is to inform voters to cast their votes based on facts rather than fiction.

    Sid Berg Letter to Pacific Seafood

    Re: “Conflict of Interest” between the Humboldt Bay Harbor and Recreation and Conservation District, Harbor Commissioner Greg Dale and Pacific Seafood, D.B.A. Coast Seafood

    Dear Mr. Dulcich, Mr. Occhipinti, and Ms. Hogg;
    It has recently come to my attention that a 40 year tideland lease has been negotiated and approved between Coast Seafood and the Humboldt Bay Harbor, Recreation, and Conservation District, a legislative mandated governmental body with an elected board of commissioners.
    As you may know, Greg Dale is the incumbent Harbor Commissioner representing the Second District. Mr. Dale is also the Manager of your subsidiary, Coast Seafood, based in Eureka, CA. Is your company aware that acting as the manager of Coast Seafood with compensation of more than $500.00, and sitting on the Harbor Commission, while a contract is negotiated and approved is a violation of Government Code Section 1090 (a)? There are several precedential court decisions that lean towards a more liberal interpretation of “financial interest” than in The Political Reform Act of 1974.(California Municipal Law Handbook, Prohibited Contracts (B). As attached.)
    GOVERNMENT CODE
    SECTION 1090-1099
    1090. (a) Members of the Legislature, state, county, district,
    judicial district, and city officers or employees shall not be
    financially interested in any contract made by them in their official
    capacity, or by any body or board of which they are members.
    Page 2.

    In the Eureka community there is a growing perception of collusion over the close relationship between Coast Seafoods and Commissioner Dale, and even if it is not warranted, it is beginning to cast a shadow over your company and the district. See the following link and read the comments:
    http://thclive.net/2015/09/17/whats-that-smell-something-fishy-in-the-harbor-district/

    If someone files an official complaint with the California Fair Political Practices Commission or worse yet, files a taxpayers suit against Mr. Dale and the district, the end result may be to render the tideland lease contract void and jeopardize the $1.25 million dollar loan that was generously extended by your company to the district. No one here wants that to happen.
    Coast Seafood has been an asset to this community. It would be a waste of time and resources to be drawn into litigation because of bad legal advice and the Harbor District’s reluctance to admit impropriety. Even the perception of a conflict of interest tends to “lower the bar” on the company’s commitment to operate in a socially responsible manner, as outlined in your “mission statement”.

    Your website also states: The definition of integrity is “the fine sense of one’s obligations to another.”
    Mr. Dale’s integrity is under a spotlight now by this chain of events. The best and easiest solution to preserve his reputation and that of Coast Seafoods, in my opinion, is if Mr. Dale resigns his position on the Harbor District.

    Please consider consulting with Mr. Dale as to the best direction to proceed in this matter.
    Sincerely,
    Sid Berg
    Concerned Citizen

    Liked by 2 people

  16. Sam: Please clarify. Is it your position that since Greg Dale has been ACCUSED of wrong doing that he should resign as Commissioner? Greg is entitled to due and fair process?

    Liked by 3 people

    • Hi Mr. Simpson. No it is not about being accused or not. It is about the contract itself being entered into. I am gonna try to paste the letter that is public record here for your edification. Hope it works!

      9/10/15
      Humboldt Bay Harbor, Recreation and Conservation District
      PO Box 1030
      Eureka, CA 95502-1030

      Good evening. Thank you for the opportunity to speak this evening. My name is Julie Williams and I am here this evening representing the Northern California Association of Home Builders (NCHB). We think it is important that all Commissioners are present to hear and learn that we have become aware of a serious and substantial Conflict of Interest related to the Contracts referred to in your Agenda for tonight’s meeting, that is Item 11a. The law governing the treatment of conflicts of interest is found in California Government Code Section 1090 et seq. We also direct your attention to an Opinion of the California Attorney General found at 59 Opinions of the California Attorney General 604 (1976).

      Government Code Section 1090 prohibits any public official from being financially interested in a contract or a sale arising from or in his or her private and public capacities. NCHB notes that Humboldt Bay Harbor Commissioner Dale, in this case, has a financial interest in the matter addressed in Agenda Item 11a. Commissioner Dale was not an elected Commissioner, thus he was not a Board participant in the original contractual Lease between the Harbor District and his employer, Coast Seafoods, at that time. However, Commissioner Dale’s participation now in a decision to modify, extend or renegotiate a contract constitutes involvement in the making of a contract under Section 1090 of the Government Code.

      Commissioner Dale cannot assert an exception from the statutory exemptions that negate the full effect of Section 1090 prohibition via his having a claimed “remote interest.” Commissioner Dale’s position with Coast Seafoods as a Manager makes him a direct party with financial interest in the proposed contractual lease extension. Government Code Section 1091 (b)(3) states that an official must NOT hold a primary management position with the contracting party, the official must also not be an officer, director nor hold any ownership interest in the contracting party. The official must resign from office or eliminate the interest (in this case, Commissioner Dale’s role as a managerial employee) to avoid the proscription of section 1090 (a relevant California case is the 1980 decision in City of Imperial Beach v. Bailey, 103 Cal.App.3d 191). A new contract involving both the interests of the official (through his employment), or the district the official represents may not be executed (Public Contract Code Sections 10410, 10411).

      Further, we bring to your attention that a contract made in violation of Section 1090 is, from its inception, void and unenforceable. Any payments made to the contracting party under such a contact made in violation of Section 1090 must be returned and no claim for future payments under such contracts may be made. Additionally, the public entity is entitled to retain any benefits which it receives under the contract (we cite to the 1985 California Supreme Court decision in Thomson v. Call (38 Cal.3d 633).

      We respectfully request that the Harbor District table Agenda Item 11a. not take any action until this matter is thoroughly vetted and resolved via due process in plain view of the public.

      Thank you for your consideration.

      The NCHB,

      Further: In the Harbor District matter, Mr. Dale IS a manager in the contracting company and therefore does NOT HAVE A REMOTE INTEREST. So even if Mr. Dale was not present for the vote on the 10th (which he was not), the Courts would likely deem him a party to the contract due to his managerial position with his employer and due to all of the opportunities during the whole matter (from the purchase of the mill site, the loan from his company to the Harbor District, and now, the extension of the lease/contract) he had to influence execution directly or indirectly to promote his (or his company’s) personal interests.”

      In addition to what we included in the letter, consider the following.

      Per People v. Sobel 40 CalApp 3rd 1043, 1052 (1974): ” The decisional law, therefore, has not interpreted Section 1090 in a hypertechnical manner but holds that an official (or a public employee) may be convicted of violation no matter whether he actually participated personally in the execution of the questioned contract, if it is established that he had the opportunity to, and did, influence execution directly or indirectly to promote his personal interests.”

      Further, Per Thomson v. Call, 38 Cal.3d 649 (1978): ” . . . If an official is a member of a Board or Commission which executes the contract, he or she is conclusively presumed to be involved in the making of his or her agency’s contracts under their board’s jurisdiction.” “. . . (O)r the official abstains from all participation in the decision [Fraser-Yamor Agency, Inc. V. County of Del Norte 68 CalApp3d 201(1977)].

      Like

      • Sam you’ve got to being kidding us, Julie Williams is your expert source? Your faction continues to chant “Section 1090” repeatedly misapplying and misinterpreting this regulation. The FPPC will not rule in your favor, but you know that. Your plan is to smear Greg Dale in the mean time.

        Liked by 4 people

      • Sam, how is it that Mr Simpson answered your post, 26 hours before you wrote it?
        You don’t think Mr Cleary is editing our posts do you?
        In the tradition of Bret Hart my foot.

        Like

      • Neither Monte or Sam’s comments have been censored or edited on this blog. We’ve been enjoying the participation.

        Liked by 3 people

      • Sam: Greg Dale is a good person who contributes greatly to the community that he lives, works and raises his family. The proper way to process an allegation of a public figure, and especially a public figure living in a small community who has demonstrated a lifetime of integrity, is to assume that person innocent until proven guilty in a court of law. I watched Julie Williams presentation on Access Humboldt. Julie is not Judge or Jury. She, like others, is attempting to convict Greg in a “Kangaroo Court”. Humboldt County and Greg Dale deserve better.

        Liked by 3 people

  17. Republicans, like every other political group, are often at each other’s throats, but rarely this public.

    I’m sure Sid would feel threatened receiving such a letter, little wonder there was no response.

    The plumbers and steamfitters union, with a handful of other right wingers and their political candidates, were full-steam behind every housing bubble come Hell or high water.

    We got Hell and the economy is still reeling. If Sid’s annoyed by the local addiction rates, crime and homelessness, his political actions played a clear roll in the chronic deficits of affordable housing to this day.

    Liked by 3 people

    • I’m not sure you have a clear understanding of the local housing market or economy. While not a Union advocate, Union’s are a valuable contributor to our local economy, as they are a valuable barometer for industrial/commercial activity. However, it should be noted they rarely, if ever, contribute on the level of housing in the local economy.

      At the same time, it should be noted Bob Simpson has done very little since he inherited a position with LP locally. As a matter of fact, had it not been for him riding his families coat tails it is unlikely he would have even found his tail. Fact is he has led a number of projects with incredible potential on paper, but no concept of reality or financing that have led to nothing more than empty wallets for local investors and frustrated public officials who’ve aided in the process. Mr. Simpson means well, but has nothing more than a long line of baloney to support his sales pitch. Ironically, Mr. Simpson’s crowning moment has been making a good investment in the former pulp mill and selling the Harbor District a can of worms. Coincidentally it should come as no surprise that he is supporting the incumbents, most notably a candidate that sees it fit to place his companies’/his interests above the popular vote. There are a number of local companies that would have cut the same deal as Coast Seafoods. It is no coincidence Coast Seafoods made such a deal and Greg Dale recused himself.

      Like

      • Examiner readers: Facts will always trump fiction as written by Lions with Ears! To say I “inherited” a job with LP is fiction. This blog post was a poor attempt to pivot the conversation away from discussing the smear campaign being waged against Greg Dale and Pat Higgins by HumCPR, East-West Rail Supporters, Plumbers & Steamfitters and Builders Exchange. The facts are below in LP’s news release.

        The “crowning moment” of my career was my vision and implementation of the Home Depot Redwood Distribution program in Calpella, CA. The program continues to serve Mendocino Forest Products today. John Russell implemented my vision with precision and he continues to lead his team today.

        The greatest disappointment in my career is the permanent closure of the Samoa pulp mill. In summary, I am solely responsible for making the decision to convert the Samoa mill to Totally Chlorine-Free Bleaching (TCF). The decision was good for the environment but far too early for the market. Economically speaking, my decision was a disaster. I had hoped to correct my mistake in 2009 by manufacturing TCF Tanoak pulp. An appeal of our NPDES permit led to the loss of our investor.

        Pioneering technology and products is never easy or fast. But it is personally rewarding. Fiberol Energy is our latest new product. The company will manufacture wood fuel-bricks from sawdust.

        LOUISIANA-PACIFIC AGREES TO ACQUIRE TRICON FOREST PRODUCTS
        PORTLAND, Ore., March 19 /PRNewswire/ —

        Louisiana-Pacific Corp. (L-P) (NYSE: LPX) announced today it reached an agreement in principle to acquire certain assets of Tricon Forest Products Inc., a wholesale lumber trading business based in Lake Oswego, Ore. The agreement was announced jointly by L-P and Robert M. Simpson, Tricon’s president.
        The agreement — which is subject to approval of L-P’s board of directors — would establish a wholesale lumber trading activity for L-P managed by Simpson and employing the current staff of Tricon.
        “This acquisition adds another important customer service dimension to our lumber business,” said Harry A. Merlo, L-P’s chairman and president. “We’re pleased to add Robert Simpson to our team and gain his outstanding track record in wholesale lumber sales.”

        Liked by 1 person

      • Bob Simpson (7:59):

        It goes to show why certain groups of people around here get all up in arms when people post anonymously.

        Because when one can not assault the facts, one can always assault the character of the person giving the facts.

        I admire that you have taken this issue on in your own name. Unfortunately, it was predictable that the “other side” would eventually go after you personally to discredit what you had to say.

        It is their attempt to derail the discussion away from what they fear the most… the truth about this Harbor Commission election.

        I’m not up on the personalities involved. I really don’t care who is who.

        I care about what is being said.

        So do your detractors Mr. Simpson; which is why they are going after you instead of your message.

        Liked by 1 person

  18. Please be clear, my letter had nothing to do with plumbers and steamfitters. I thought I was doing the right thing by informing the company as to the perception of impropriety caused by the close relationship between their operations manager and the position he holds on the Harbor District. I am not an English major,so if you read into it, some veiled threat, that is your perception, not my intent. It was my intent to prevent what is happening now. As far as Mr. Dale and Mr. Higgins creating more jobs than anybody, its too bad they are not better paying jobs. I don’t blame Bob for supporting them either, as they absolved him of any liability in the clean up of the pulp mill property and diverted the liability to the taxpayers. Bob has been in negotiations with the district for some time now, and it’s natural for friends to deal with friends. I hope it all works out for you. I would hope the wood pellet mill will hire some union craft-workers, because we have not seen much other opportunity in the re-purposing going on on the peninsula.
    As to Anonymous 7:49, if you think earning living wage jobs building affordable housing creates a chronic deficit of such, then you need to run for public office. Maybe you can fix the problems.

    Like

    • Sid: I agree… you are neither an English teacher nor a lawyer. So whatever possessed you to write a litigious letter to the CEO of Pacific Seafood?

      I am pleased to read that your previous blog does not question whether the harbor district has created more jobs than anyone else on the peninsula. You simply indicate that “its too bad they are not better paying jobs”. I don’t know what these new jobs pay, and I suspect you don’t either, but I have been in the former pulp warehouse on numerous occasions and I have observed Taylor’s workers are productive and happy. I encourage you to “call” Paul Taylor and ask him if you can tour his operation. Taylor’s investment in their Samoa operation is impressive.

      You should re-direct your question about hiring union workers to Kevin Leary of Samoa Wood Pellets. I am not involved in Kevin’s wood pellet business. I am involved with a startup company called Fiberol Energy. This company was formed to manufacture wood fuel-bricks.

      Sid, Freshwater did “give” the pulp mill parcel and improvements to the District in exchange for the Harbor District. As compensation to Freshwater, the Harbor District accepted liability for the removal of pulping liquors. The value of the land, buildings, boiler, turbine, Sub-Station, CAISO Agreement, water treatment plant, ocean outfall line received far exceeds the cost of moving the liquors. After the agreement was made, the Harbor District negotiated an agreement with the EPA to include the site as part of the superfund. This reportedly saved the Harbor District $8 million in cleanup costs. From my perspective, the commissioners were very creative and their effort worked out great for Humboldt County taxpayers.

      Freshwater is in contract to sell 17 acres of paved bay front property to the Harbor District for $594,000. The replacement cost of the pavement Freshwater is selling to the Harbor District, excluding the land value, is $2.5 million. By law, the Harbor District cannot pay more than appraised value. Due to the lack of demand for coastal industrial property, Freshwater’s 17 acre paved parcel appraised at $600,000. Freshwater accepted the deal because the proceeds of the sale allow us to start a new business and create new jobs.

      Sid, I support the Harbor District incumbents because they have invested more money in the Samoa Peninsula in the past 2 years than any other property owner and resulted in the creation of more jobs than any other business on the Samoa peninsula. So yes Sid…I support the Harbor District and I appreciate the manner in which they do business. The commissioners have a vision, they are taking action and they should be rewarded by being re-elected.

      Sid, the purpose of my original blog, which you and others have attempted to redirect, is that you and others have ACCUSED Greg Dale for violating section 1090. The timing of your inquisition and Leo Sears lawsuit was intended to smear Greg just as absentee ballots were being mailed. Political stunts like this will not get your HumCPR candidate and East-West rail supporter elected.

      Liked by 4 people

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