More Oversight for San Jose Police as Mayor and City Council Covers Up Thier Own Misconduct

16/23

My last post on January 17 called out the San Jose Inside (SJI) newspaper for covering up corruption by San Jose Mayor Sam Liccardo and the San Jose City Council. SJI published an article on January 13, 2017 regarding Mayor Liccardo's committment to expand oversight of the City's police department. I posted two comments to that article criticizing Mayor Liccardo and the City Council for expanding police oversight while covering up their own bigoted and malicious acts against me by refusing to investigate my discrimination complaints. SJI removed my comments without explanation. SJI is nothing more than a mouthpiece for the City. See my post on January 17 for more details.

Just when you thought this bulls**t about more police oversight would be over, the San Jose Mercury News published an article on January 21, 2017 by Robert Salonga titled: San Jose: Scholars, city leaders, 49ers unite to tackle police-race issues. The article was about a "Community Trust in Policing" forum hosted by the City's Independent Police Auditor Walter Katz. The purpose of the forum was to kick off an outreach effort in response to the national firestorm from 49er quarterback Colin Kapernick's refusal to stand for the national anthem. High profile figures attending the forum included Harry Edwards, 49ers CEO Jed York, 49ers wide receiver Torrey Smith and San Jose Police Chief Eddie Garcia. York donated one million dollars to help fund this outreach. This outreach is nothing more than an effort to solicit complaints from citizens against police officers. Folks, this was just a publicity stunt, a dog and pony show.

I am not against oversight of the police. But at some point enough is enough. Just about every Civil Grand Jury in Santa Clara County for the last few years has had either criticism of law enforcement or recommendations for new policies they wanted law enforcement to implement. Just a few years ago, San Jose police officers were subjected to an internal investigation and an audit by the City over a pay job scandal. In December of 2012, former IPA LaDoris Cordell solicited complaints against police officers in the City's utility bills. When Ms. Cordell retired in 2015, one local newspaper stated that she had brought unprecedented accountability to the San Jose Police Department. Now as you can see from my post on January 17 and today's post there will be much more oversight of the police. These are cases of oversight that I am stating off the top of my head. I'm sure there are many more cases than these. Isn't unprecedented accountability good enough?

While City officials have overburdened police officers with oversight, investigations and audits, Mayor Liccardo and the rest of the City Council have engaged in a cover-up of their own discriminatory acts against me, as well as, the cheating scandal involving the City Attorney's Office and the federal courts. The Mayor and City Council have refused to conduct an investigation into formal complaints that I have made alleging discrimination based on my disability and race, and an allegation of a criminal cover-up by City officials and the courts, even though, City policy and state law require them to do so. Some of the crimes I am alleging are conspiracy, subornation of perjury, bribery, obstruction of justice and honest services fraud. The evidence of these crimes is indisputable and overwhelming.

In comments I posted to the Mercury News article, I asked the Scholars, city leaders, and 49ers that attended the forum on police-race issues to join me in calling for an investigation into my complaints against the above City officials. I am also asking the attendees and the public to join me in calling for the City's elected officials and top appointed officials to receive the same oversight as that of the rank and file police officers that put their lives on the line everyday protecting the citizens of San Jose.

Here are the comments I posted to the Mercury News article:

Fred Bates • 10 hours ago

This is just another insincere exercise in political correctness pushing a false narrative. I am a black retired San Jose police sergeant. I was denied a CCW permit by the City upon my retirement because of bigotry based on my disability and race. I ended up filing two lawsuits against the City for civil rights violations that are on-going. Mayor Liccardo, the City Council and the local federal courts are engaged in a criminal cover-up of this matter. The residents of San Jose ought to know that their leaders over at City Hall treated me with less respect and dignity than the Confederate Flag waving segregationists I encountered when I was growing up in the South during Jim Crow. Mayor Liccardo and the City Council refused to respond to my discrimination complaints as required by City policy. If they are so concerned about racism of the City's police officers, they should set a better example for them to follow. Here are links with more details about my case:
https://www.facebook.com/group...
www.opnlttr.com/letter/open-le...
http://crnctz.blogspot.com/201...

9th CIRCUIT
COURT OF APPEALS CONDONES “JIM CROW” ACTS

CORRUPTION BETWEEN
CALIFORNIA STATE JUDICIARY AND THE FEDERAL COURT JUDGE(S)?

Fred Bates

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30 year vet-SJPD Fred Bates • an hour ago

Fred, you were a great cop and a good friend and co-worker. I hope you win and take these politicians to task at City Hall.

Fred Bates 30 year vet-SJPD • a minute ago

Thanks for the words of encouragement! I hope everything is well with you. As a friend of mine, you know I was never keen on being politically correct and pushing feel good agendas that were not based on fact. I always tried to be truthful and respect everyone. But it is hard to take on City Hall because they are willing to lie and cheat, even in court. It is my intent to take them to task and expose City Hall for what it is. A cesspool of corruption! If those scholars, city leaders and 49ers are serious about eliminating bigotry, they will join me, a black man, in calling for an investigation into my discrimination complaints and cheating allegations against the City Attorney's Office, the Mayor and City Council. I am also asking all of the residents of San Jose to call for an investigation as well. Let's get this out in the open since the City says it believes in transparency. To Mayor Liccardo and the City Council, this is only the beginning. It is my intent that 2017 will be a year you will not soon forget.

So far, all I have heard is deafening silence. Shame on the City of San Jose and Santa Clara County!

Open Letter to San Jose Mayor Sam Liccardo and the San Jose City Council

Post 1/23

Subject: Open Letter to San Jose Mayor Sam Liccardo and the San Jose City Council

From: Fred Bates

July 12, 2015

Dear Mayor and City Council,

            I am sure you are aware of my lawsuit against the City that I filed in 2006. As you know, my lawsuit is pending on appeal in the Ninth Circuit Court of Appeals. You are also aware that I have made some very serious accusations of criminal misconduct against the San Jose City Attorney’s Office and three former police administrators, as well as, several federal court officials relative to my lawsuit. The purpose of this letter is to make one last appeal for an investigation into this matter based on the conduct of the City Attorney’s Office and other entities of the City.

            The San Jose City Attorney’s Office under the leadership of Richard Doyle has been run like a criminal enterprise. That is based on the criminal acts that have been committed in my case alone. Misconduct by the City Attorney’s Office is no secret. In 2006, Mercury News reporter Scott Herhold wrote an article asking City Attorney Richard Doyle to resign. Mr. Herhold implied that the City Attorney had used unethical tactics during litigation. Mr. Herhold also stated that poor judgment by Mr. Doyle to push bad cases and his refusal to settle weak ones had cost the City millions of dollars. My case is an example of very poor judgment by the City Attorney. He was given several opportunities to resolve my case without cost to the City, but he refused to do so. So far, my case has cost taxpayers thousands of dollars. It is likely to cost several thousands more before there is a resolution. Mr. Herhold stated that the City Attorney has lived by the sword and that no one should be shocked if he dies by it. That day has come. The fact that Mr. Doyle must go should not be open for debate. It should be noted that the City Manager’s Office, the City Clerk’s Office and the Ethics Commission also engaged in serious misconduct in this matter.

            The response by City leaders to this misconduct has been nothing short of disgraceful because of its cover-up. The cover-up is proof that there are two levels of accountability for City officials. In an article on March 18, 2015, the San Jose Inside reported that retiring Independent Police Auditor Ladoris Cordell had brought “unprecedented accountability” to the City’s police department. During the same five years Judge Cordell has been IPA, I have filed several complaint letters with former mayor Chuck Reed, Mayor Liccardo, as well as, with current and former council members against the City Attorney’s Office for very serious misconduct. I only received one response from Mr. Reed’s office that basically stated my letter was received. So far, there has not been an investigation into this matter at any level. While there has been unprecedented accountability brought to the police department, there have been an unprecedented lack of accountability on the part of City leaders and other high ranking City officials.

            I remind Mayor Liccardo and Vice Mayor Herrera that they supported the IPA’s recommendation that the police department should adopt a no-tolerance policy for untruthful officers, saying that the police department should update the duty manual to make lying during an investigation automatic cause for termination. This hard-line stance against lying should also be taken against other entities of the City that made flagrantly false statements relative to this matter, particularly the City Attorney’s Office. The City Attorney’s Office filed a summary judgment motion relative to my lawsuit that was totally fabricated. The summary judgment motion was facilitated by a fraudulent stipulation of dismissal of a police official that clearly violated my rights. These are the type of unethical tactics by City Attorney Richard Doyle that Mr. Herhold seemed to refer to in his article. This is all the more reason that Mr. Doyle should suffer the same fate as former City Manager Ed Shikada and former Deputy City Manager Alex Gurza. The evidence is indisputable that Mr. Gurza played a significant role in the cover up of this scandal. It is high time for an open and transparent investigation into this very serious misconduct as is required by the City’s Code of Ethics. A copy of the City’s Code of Ethics can be viewed on the City’s official website. 

            I am also sure you are aware of my motion to vacate the judgment of the district court accompanying my appeal. It should be a no-brainer for the Ninth Circuit Court of Appeals to grant my motion because the City Attorney’s Office has admitted it presented false information to the courts; and the US District Court has admitted its judgment is incorrect relative to my Rule 60 motion that is the basis of my appeal. Now is the time for the outrageous lies and cover-up to end. You can access my group facebook page at this link https://www.facebook.com/groups/624131267713226/ for additional details. 

                                                                                                         Sincerely,

                                                                                                         Fred Bates