Tag Archives: gilfilen

Jail Mailer Public Disclosure Commission Complaint

Re: Whatcom County Jail Mail Flyer PDC Complaint and Evidence Of Noble Cause Corruption In Whatcom County

First off, what is noble cause corruption? It’s a fairly obscure legal term, but it’s really quite simple. Wikipedia defines it like this:

Noble cause corruption is corruption caused by the adherence to a teleological ethical system, suggesting that persons “will utilize unethical, and sometimes illegal, means to obtain a desired result,”[1] a result which appears to benefit the greater good. Where traditional corruption is defined by personal gain,[2] noble cause corruptions forms when someone is convinced of their righteousness, and will do anything within their powers to obtain or concertize the execution of righteous actions. Ultimately, noble cause corruption is police misconduct “committed in the name of good ends”[3] or neglect of due process through “a moral commitment to make the world a safer place to live.”[4]

Conditions for such corruption usually begin where individuals perceive no administrative accountability, lack of morale and leadership, and the general absence of faith within the criminal justice system.[5] These conditions can be compounded by arrogance and weak supervision.[6]

That may not sound so bad on first reading, but it really is and it’s every bit as ‘corrupt’ as other forms of corruption.

When a person in a position of power and authority decides to use and/or abuse that power for the greater good, just about anything can be twisted or manipulated into a greater good scenario. Once that line is crossed, what’s to stop them from using and/or abusing that power in other ways?

It’s especially dangerous when people who are skilled and experienced at articulating greater good arguments, or scenarios, because they are no longer basing decisions or actions on fundamental principles of constitutionality, law or morality, but instead become narrowly focused on how to say, write or push a thing to justify (rationalize) it.

That’s what myself and others contend Whatcom County has done in the most recent Jail Tax measure, the jail mailer, as well as many other aspects relating to the siting and acquisition of the land where the proposed regional jail might go in Ferndale.

The Complaint

This has been in the works for some time now, but I’ve not been able to say anything publicly about it until it was finalized and formally submitted to the PDC, AKA the Public Disclosure Commission. 

The PDC is actively investigating the complaint and although I’m aware of parts of the process, I don’t yet have a full picture or scope of what is happening and where it’s going, so it would be inappropriate for me to say more beyond that just yet. I am being told privately, however, that the PDC has taken issue with aspects of the county’s actions in respect to the jail mailer.

I’m not entirely sure how many people were involved in providing source information for the complaint, but I do know it was more than a few, with some info and minor input also provided by me.

The large majority of the work, the research, the compiling of information, the graphic illustrations, however, were done by Joy Gilfilen and Irene Morgan and they did a spectacular job. It’s very professional, very accurate, sourced and corroborated, and it’s on point with the areas of contention.

There is a lot of information contained in the links provided below so you’ll want to take some time to process and digest it. As you begin to digest the information contained in the complaint and evidence addendums, a picture should begin to form in your mind. If you’re like many of us, you won’t like what the mental picture shows.

Minimally, it should become fairly clear that what you’ve been told, or led to believe, by county officials, isn’t what is really going on. That alone should raise red flags in any county taxpayer’s mind.

The Documents

PDC Complaint – Gilifilen vs Whatcom County Officials 11-30-2015

Evidence Addendums to the PDC – Part 1 of 3

Evidence Addendums to the PDC – Part 2 of 3

Evidence Addendums to the PDC – Part 3 of 3

Excerpted from the complaint:

“RESPONDENTS:
Whatcom County Executive Jack Louws
Whatcom County Sheriff Bill Elfo
Whatcom County Prosecutor David S. McEachran

ALLEGED PDC VIOLATIONS – RELATING TO WHATCOM COUNTY DIRECT MAILER Whatcom County Community Report: Whatcom County Jail
-RCW 42.17A – Election Law Violations and WAC 390-05-273 – Normal and Regular Conduct Violations

OTHER VIOLATIONS MAY HAVE BEEN ONGOING PRIOR TO AND CONCURRENT WITH THE ELECTIONEERING TO COMPEL VOTERS INTO PASSING A DECEPTIVE TAX:
-Whatcom County Charter and Whatcom County Code Violations
-Revised Code of Washington Violations
-Washington Administrative Code Violations
-American Bar Association Standards Violations regarding Housing of Inmates
-Washington State Constitution Violations
-United State Constitution and the Bill of Rights Violations

The complainant has reason to believe that serious violations of law may have occurred in Whatcom County during the 2015 Election Campaign season that deserve outside scrutiny.

Injustice under color of law
The system of governance in Whatcom County appears to have been corrupted to encourage voters to pass two more taxes to resolve a conflict created by and benefiting the administration. This created a self-destructive condition in which the drive to pass the tax compromised public safety to justify an expansion that would profit earmarked regulatory government departments and state and national jail and prison vendors; leaving the taxpayers compromised with excessive debt and expanding overhead.”

An Open Letter To Jack Louws

Mr. Louws,

I have some gripes that I want to air (again) and election time seems as good a time as any to do so. (Is there a better time?)

First, our unfinished business:

Bill Elfo is no longer credible. He’s now a proven liar and proven manipulator through the federal courts and through the process of a recent bill that Governor Inslee signed, but I’m not telling you anything. I’m sure you already know that. (I do still have all the court documents and records obtained from the discovery process to prove to any reasonable person what I’ve said here is true.)

When I first brought my whistleblower complaint to you, you were an unknown to me. I had hoped that you would be the man I thought you were, but as I found out in both of the cold and terse whistleblower denials from your office, …you aren’t. You couldn’t be bothered with employee rights, right and wrong, corruption, those sorts of things. You just wanted it and me to go away. I get it.

It’s too late for me to take that vote back though, isn’t it.

You know, and I know, that my claim of political retaliations and internal plotting, the reasons for them, as well as fraud, waste and abuse, were proven in spades. Even though your hand picked ‘independent’ county-paid ‘investigator’ did her very best to minimize what was reported to you, there were facts on the table that even she could not make ‘go away.’

So, just to set the record straight; I know what really happened and I know you also know what really happened, yet you chose to back Elfo’s scheme anyway. You didn’t uphold the law, high standards or even try to stand for what is right. You did so because you had to protect the county power for your later plans. I was just a fly in the ointment and I wouldn’t be able to do a thing about it.

I went to you seeking help from what was being done to me and instead of doing what was right, you fell in line and aided the process along. The complaint remains valid even now should you choose to reopen it, but I know you won’t take any action on it because people like me who will stand up and tell the truth to power about such things are apparently  bad for the jail industry business.

Now onto the current matter:

Like most corrupt politicians, you use ‘plausible deniability’ skillfully to justify your actions and to shield yourself and your decisions from scrutiny. If a person doesn’t have rock-solid irrefutable proof, you ignore or deny all of it, even though you really do know, because it’s ‘plausible’ to do so in the eyes of the uninformed.

Sorry, but that does not a man of good character make.

Keeping people in jail longer than necessary to boost population numbers is wrong. Denying bail or PR (personal recognizance) to people who aren’t public safety or flight risks to boost numbers is wrong. Incarcerating people in the first place who aren’t public safety or flight risks to boost jail numbers is wrong. Repeated court continuances to boost jail numbers is wrong. Manipulating jail population numbers in any form is wrong and you know that.

It’s also wrong to personally profit from a government sector public safety plan that you, as an elected official, have personally manipulated into one carefully defined direction when it’s crystal clear that other viable and cost-effective options do exist. That alone warrants further investigation and I do hope someone is on that. I would and could, because I have the skills and the training, but I just don’t have the time.

In closing:

Despite all of the recent redefining of the term ‘integrity’ into something that sounds warm and fuzzy, like a verbal hug, integrity is not about ‘how you treat people.’ Integrity is about doing what is right. Even if it’s inconvenient. Even if no one else is watching.  It’s honesty, even when it costs you and even when it hurts to do so. Integrity is an unwavering adherence to truth and facts, period.

You, along with the willing co-horts, will probably dismiss this with a wry chuckle as a ‘disgruntled former employee’ or some such thing, but this isn’t just some random, anonymous ‘rant on the internet.’ I have my own personal firsthand experiences with ‘the county,’ 11 years worth, and you for a short time, to rely on that I think other citizens of this county need to know about as well.

Since you, the Bellingham Herald and KGMI can’t suppress, filter or censor this, there’s a good chance some of your voters will see it and may even read it. I’ll let the reader decide for themselves what it is or isn’t. If this costs you even one vote, I will consider it worthy of any scorn directed at me, my time and my effort to write it.

You should also know that I do plan to vote for Joy Gilfilen to replace you. She and I don’t agree on a lot, but we do agree on the important things, like local economics, senseless taxation, government overreach, over spending, protecting the ‘little guy’ and such. Perhaps most importantly, I’m confident that she does have integrity and that things would have turned out differently for me if she were the county exec.

Good day,
Paul Murphy

Cliff Notes: League Of Women Voters meeting

For your consideration.
(Notes and references below.)

This is a reprint (with her permission) of a comment by Whatcom County Exec candidate Joy Gilfilen on social media that I thought was a great summation of the larger issues surrounding the proposed county jail project: 

via Joy
I do not think this is party politic as much as it is the degenerative passion of an imploding prison industry…and we have to do the work to pull us out of the down-spiral.

Wednesday night at the League of Women Voters meeting, the speaker from Sea
ttle who has been working on these kinds of issues validated everything that the Coalition has been testifying and writing to the County Council, the County Executive, Mayors and Councilmen.

1) No Needs Assessment and no SWOT analysis to base this project on…there is no fiscal basis, no analysis of market trends. The County Executive continues to say there is one, yet has not produced it for the Jail Task Force, for the Council, nor upon request by the Restorative Community Coalition. Why not?

2) The prison industry has spiked and is in a downward trend now, so it is unwise to build a prison for the past, rather than one that reflects the future. This is the opposite of the (county) Executive Branch actions.

3) Over-criminalization is a problem in Whatcom County…with our Prosecutor in charge of the capacity to change it, the Sheriff has the ability to change it, the judges can change the overcrowding issues…all by simple bureaucratic actions. He was very clear that the roots of the problem with excessive incarceration is right here, right now. This is a locally controlled issue – and we were delighted to be second voiced by a man of this caliber. This flies in the face of what the Executive Branch (Louws) has been telling the Council on record.

4) He reiterated the stats provided by the Prosecutors a few weeks ago…that major crime has dropped 25 % in Whatcom County in the past few years. And that juvenile arrests are down about 80% in that same period of time. So why do we need to plan for expansion, when the stats clearly show a dramatic downturn? Furthermore, why are the jail bed stays/days increasing? He stopped short of saying that this might be an administratively created crisis. What he did recommend was to look at what they are doing in Spokane to bring a community coalition together with the Smart Justice banner.

All of this is true, and yes, this is happening on our watch. And it is time to stop the games of politics, and get down to solid business analysis…and on that level it fails also. More later…I gotta go.”

The comment (above) was in response to some back and forth on her original social media post commentary on the Herald article Bellingham council’s resistance casts doubt on jail plan

‘So the Executive says, “the county is likely to ask for something like a 20 cent per $1,000 property tax hike in 2016 to fund emergency medical services.” My gosh, where does he think this money is coming from? This is why it is critical to not put this ballot up to the voters – and to give the public time to find and propose alternatives.’ 

The comments references to the related Smart Justice meeting of the League of Women Voters of Bellingham/Whatcom County can be found on their website, along with a pdf of the meeting PowerPoint which I’ll also link here. SmartJusticeFairJustice – Cook

The incarceration reference information that was cited during the meeting presentation are found here. Smart Justice Fair Justice Incarceration data.

The exec and the sheriff are not presenting the full picture. They are presenting a terribly slanted view that not-so-coincidentally backs up their claims. Please share this information because a complicit local media that seems bent on backing anything the exec and the sheriff say are unlikely to present any of this information to you.

~PM

Joy Gilfilen For County Executive

Joy Gilfilen has thrown her hat in the ring for the position of Whatcom County Executive.

Updates can be found on her facebook page: Joy Gilfilen For Whatcom County Executive.

Joy has some good ideas on how to reduce local incarceration and how to get the local criminal justice apparatus to work in a more efficient manner for all concerned.

She’s also against the big county jail project.

Some would no doubt ask me why I would choose to support a candidate with so many different views than I have as a conservative.

In response, I’d tell them that #1: I know what real conservatism is and I also know what it is not. I’m not a ‘republican,’ I’m a conservative. They are not the same things. They once were, but they aren’t today.

Too many people have confused playing sides, as in the other half of the local (D) vs (R) Hegelian dialectic, as ‘conservatism.’ It’s not. True conservatism is actually very close to classical liberalism, sharing many aspects. Libertarianism and classical liberalism are very close cousins, both of which overlap significantly with real conservatism (Note *)

#2: I’ll support anyone that is upfront and honest about what they believe, even if I disagree personally, providing they are willing to let the people’s voices be heard and will allow that to override their own preferences when that’s been made clear in a true democratic fashion.

Joy meets both of my criteria and as such has my support.

Currently, there are officials trying to hoodwink citizens of this county in order to further expand government and further tax already overly tax burdened citizens.

As a real conservative, those are two things I cannot abide.

* : This writer does not condone or accept the classical European and neo-European views of the various political ideologies or the political spectrum. I prefer the Americanism views, which incorporated the best of the best of the world, created a Representative Constitutional Republic form of government of We The People and in doing so changed the world for the better.