Advocates, Supervisors bash popular Laura’s Law mental health program report
By Daniel Borsuk
A popular county mental health program was on the receiving end of criticism from supervisors, mental health advocates and parents of persons afflicted with mental health disease who cited how the $2.25 million a year Assisted Outpatient Treatment Program needs to be repaired.
On a 5-0 vote, supervisors Tuesday approved the July 1, 2016 to June 30, 2017 annual report from Mental Health Services officials on the county’s Assisted Outpatient Treatment Program, even though Mental Health Services Administration Program Manager Warren Hayes attempted to put a positive spin on the five-year old program that generated an ample amount of criticism from supervisors and mental health watchdog advocates alike.
The popular AOT program is a product of the implementation of Laura’s Law about 5 years ago. While AOT has gained its fair share of advocates, it has been tagged with criticism mostly associated with its bureaucratic regulations and time delays.
Antioch resident Douglas Dunn blasted the way county “unnecessarily duplicates” activities for applicants needing AOT services. This limits the number of people admitted to receive mental health services, said Dunn, who also serves as a commissioner on the Contra Costa County Mental Health Commission.
In the 2016-17 year, county mental health officials had 177 individuals referred to the AOT, 42 persons were determined to meet program eligibility and were referred to Mental Health Services for inclusion in the program.
The department reported that 25 AOT cases are still pending. In addition, 91 cases are closed because they are not AOT eligible due to several factors such as mental health officials are unable to contact the prospective client or the client is unwilling to cooperate with county mental health workers.
The bureaucracy involved in getting persons potentially admitted into AOT drove Sharon Madison, a parent who also serves on the National Alliance on Mental Illness, to plead with supervisors “Let’s get our loved ones into treatment. It’s taking way too long to get people into the program.”
The county report indicates it takes more than 120 days per case to reach resolution.
“A number of individual cases are taking much longer than 120 days from referral to service,” the report stated. “The program may wish to consider utilizing the court petition sooner as a means to encourage participation in mental health care.”
District 1 Supervisor John Gioia criticized the AOT report for not adequately addressing the county’s mental health problems with the homeless population.
“I want a special report on the homeless population to be prepared,” Gioia demanded. But the likelihood that such a report will materialize is doubtful because few of the supervisor’s colleagues supported his request at least publicly.
District 2 Supervisor Candace Andersen said the program needs to take into consideration those who might be eligible for AOT services are held in county’s jails.
2018 Board Calendar Approved
Without batting an eye, supervisors approved a 2018 calendar, a schedule that calls for 36 regularly scheduled board meetings and 17 canceled board meetings due to a variety of reasons such as major holidays like Christmas Day, because it will be celebrated on Tuesday, Dec. 25, 2018.
So far, this year, supervisors are scoring a solid 96 percent attendance record when it comes to conducting county business. Supervisors have canceled one regularly scheduled board meeting, the Oct. 10 meeting, mainly because there were not enough items to place on the agenda, according to Board Chair Federal Glover.
Another factor, but not necessarily an overriding reason why the Oct. 10 meeting was canceled was because Glover was in Atlanta, Georgia attending an American Public Transportation Association conference. District 3 Supervisor Diane Burgis of Brentwood was also supposed to attend the transit conference, but the Contra Costa Herald learned, Burgis decided not to attend the confab at the last minute.
Other Business
In other business, supervisors unanimously approved as a consent item for $585,000 of private foundation grant funds for the Stand Together CoCo Project that the supervisors recently approved to provide legal services for undocumented residents of Contra Costa County. (See related article)
The county public defender’s office is spearheading the program on behalf of the county, but the five private foundations that are stepping up to the plate in doling out funds to support the program in its initial year’s rollout requested that the county pony up $500,000 to jump start the first year of the ambitious program.
Private donations include a $275,000 grant for 24 months from the Y&H Soda Foundation, a 12-month $100,000 SF Foundation grant, a $100,000 grant from The California Endowment, a $50,000 East Bay Community Foundation grant to go into effect July 1, 2018 through June 30, 2019, a $50,000 Firedoll Foundation grant, and a $10,000 Richmond Community Foundation grant.
In another consent action, supervisors approved the Public Defender’s Office request to fill the $94,956 a year administrative analyst position to manage cases associated with the Stand Together CoCo program.
Read MoreSB 751 would eliminate the limit on reserves for most small school districts and raise it to 10 percent for others
SACRAMENTO – School districts will have a greater ability to manage their own fiscal affairs under a bill that Gov. Jerry Brown signed on Wednesday.
The bill, SB 751, jointly authored by Sen. Jerry Hill, D-San Mateo and Sen. Steve Glazer, D-Orinda, eliminates the reserve cap for most small school districts and substantially reduces reserve fund obligations for large school districts.
“This measure significantly reverses an ill-advised law limiting local school reserve funds. School districts will now be able to more fully prepare for a rainy day, which may be right around the corner,” Glazer stated. “I would hope that eventually we can eliminate any type of cap on school reserves and keep the state out of micromanaging local school districts’ budgets. I want to thank Senator Hill and the California School Board Association for their leadership on this critical local control issue.”
Glazer represents most of Contra Costa County in the California State Senate.
Read MoreContra Costa College, Diablo Valley College-Pleasant Hill Campus, Diablo Valley College-San Ramon Campus, Los Medanos College-Pittsburg Campus, Los Medanos College-Brentwood Center, will resume a regular class schedule and student services beginning today, Friday, October 13. Outdoor sport activities will continue to be limited until further notice, but indoor activities including theater performances will still be held as scheduled.
The weather forecast for this weekend calls for increasing winds that may hamper firefighting efforts and contribute to poor air quality. We encourage students and staff to continue monitoring email, website and social media over the weekend for any updates.
Read MoreWalnut Creek, CA – Today, Wednesday, October 11, 2017, Congressman Mark DeSaulnier (D, CA-11) announced he will host his 50th town hall and mobile district office hour since coming to Congress in January of 2015. The town hall meeting will be held at the Shadelands Art Center on Monday, October 16th at 6:00 p.m. in Walnut Creek.
“Town halls are one of my favorite ways to interact with constituents,” said DeSaulnier. “There is something special about traveling the district and hearing directly from residents in their neighborhoods—it is a direct display of democracy at work.”
Residents are invited to join the Congressman to listen to a presentation and legislative update. During the town hall constituents will have an opportunity to ask questions, share their opinions on actions taken by this Administration, and discuss issues import to our community.
Walnut Creek Town Hall
Shadelands Arts Center
6:00 p.m. to 7:30 p.m.
(Door Open at 5:30 p.m.)
Please RSVP online at www.desaulnier.house.gov/town-hall-rsvp or call 925-933-2660. For more information or to request ADA accommodations contact Congressman DeSaulnier’s office in either Walnut Creek or Richmond.
Read MoreContra Costa College, Diablo Valley College, Los Medanos College, and centers at Brentwood and San Ramon, will be closed tomorrow, Thursday, October 12, due to poor air quality as a result of the fires in Solano and Sonoma counties.
The District will evaluate the situation and provide an update as new information becomes available. We encourage students and staff to continue monitoring email, website and social media.
Read More
The driver’s vehicle where it ended down the deep embankment off the Byron Highway, Tuesday evening. Photos by ECCFPD.
Transported to trauma center by medical helicopter
By Allen Payton
A man was able to extricate himself from his heavily damaged car after driving it off the Byron Highway and down a 25-foot, steep embankment Tuesday evening about 5:36 p.m. Seven East Contra Costa Fire personnel arrived on the scene and located the man near his car, near Holey Road in Byron.
East Contra Costa Fire personnel prepare driver for transport by helicopter to the trauma center.
According to the report by Battalion Chief Jack Gonzales, the rescue crew “secured the scene with the use of fire apparatus” and the driver “was provided medical aid and packaged in a stokes basket for a low-angle rescue.”
“AMR provided ALS care” to the man who was then “brought up to the roadway and was transferred to REACH3 (helicopter) for transport,” the report further states.
The driver was by himself in the vehicle and sustained “head and chest trauma” and “was transported…to John Muir Trauma Center in Walnut Creek.”
The accident, which backed up traffic on the Byron Highway, is under investigation by the CHP.
Read MoreOn August 14, 2017 the Court’s Juvenile Division, which hears delinquency and dependency matters, moved from Martinez to Walnut Creek. Hon. Rebecca C. Hardie, Supervising Judge of the Juvenile Division pointed out that “this move allows better access to Juvenile Court for people throughout the County.” Buses and BART are within walking distance. There is also ample parking.
Hon. Jill Fannin, Presiding Judge of the Superior Court of Contra Costa County added that “detained minors will now be transported through private entry points and will no longer have to walk shackled down public hallways.”
This move re-opens three courtrooms and clerks’ offices that were vacated in 2012 as a result of significant budget cuts.
Departments presided over by Hon. Rebecca C. Hardie, Supervising, Hon. Lois Haight and Hon. Barbara C. Hinton as well as the Juvenile Clerk’s Office are now housed at 640 Ygnacio Valley Road in Walnut Creek. Juvenile Hall in Martinez will continue to house the department which is currently presided over by Hon. Susanne M. Fenstermacher.
The Court is holding an Open House on October 11, 2017 to showcase this new location. Presiding Judge Fannin and Supervising Juvenile Judge Hardie will take this opportunity to express their gratitude for the support that the Court has received from the County Board of Supervisors, the City of Walnut Creek, our county justice partners, and the juvenile bar. Their combined efforts helped to make the move a resounding success.
“The support of local government and the legal community for this change has been tremendous” said Judge Hardie.
Read MoreSACRAMENTO – Gov. Jerry Brown on Tuesday signed a measure that will give Bay Area voters a chance to create an independent inspector general for BART to hold the sprawling transit district accountable for its spending, service to riders, and timely delivery of capital projects.
The inspector general was proposed by state Sen. Steve Glazer, D-Orinda, as part of a bill, SB 595, by Sen. Jim Beall (D-San Jose) that will ask voters to raise bridge tolls to fund transportation projects designed to relieve traffic congestion in the bridge corridors.
Glazer wanted voters to be given the option of creating the accountability czar as a condition of his support for placing the measure on the ballot. Other major transit agencies, including those in Washington D.C., New York, Chicago and Los Angeles, have long had inspector generals to serve as an independent check on the bureaucracy.
“If an independent check is good enough for transit systems in most of our major metropolitan areas, it should be good enough for BART,” Glazer said. “BART will get about one billion dollars from toll revenues generated by this measure, so it’s vital that riders and residents have someone who be the public’s eyes and ears and will hold BART’s administration accountable.”
If approved by voters, the inspector general would be appointed by the governor from a list of three finalists nominated by the BART board. The person could be fired only with a two-thirds vote of the board and the governor’s agreement.
The BART inspector general would be tasked with investigating fraud, waste and inefficiencies, conducting audits and recommending changes in the agency’s practices that will improve services to riders.
Glazer, who has been critical of management-union relations that resulted in eight days of strikes in 2013, required in the inspector general’s job description that they assess whether management was using best practices to promote “positive and productive” relations with employees and their representatives.
“BART employees have as much to gain as the riding public by having an inspector general ensure that trains run on time, stations are safe and clean, and escalators and elevators work,” Glazer said. “They are hard-working, dedicated public servants who deserve an effective ally.”
Glazer also pushed for amendments to the bill that ensured Contra Costa and Alameda county commuters would see a fair share of congestion relief projects if the toll increases become a reality.
Projects to improve traffic flow on Interstate 680 and rebuild interchanges where 680 connects to state routes 4 and 84 were included in the final version of the proposed spending plan.
Glazer said he was proud of the collaborative process led by Sen. Beall, and Assemblymen David Chiu and Phil Ting of San Francisco and other members of the Bay Area legislative delegation. Members from throughout the region were able to provide input into the final proposal that included the crucial provision to oversee BART’s administration and spending.
“I look forward to voters determining whether to fund projects designed to relieve congestion throughout the entire region and providing independent oversight of BART,” Glazer said.
Read More
The setting sun reflects off of the Carquinez Bridge’s towers. This bridge project was funded through Regional Measure 1. Photo courtesy of MTC.
By Metropolitan Transportation Commission
Governor Brown’s action today to sign into law Senate Bill 595 clears the way for Bay Area voters to decide – potentially as early as next June – on Regional Measure 3 (RM 3), which would raise tolls by up to $3 on the region’s seven state-owned toll bridges to finance the sweeping $4.5 billion package of congestion relief and mobility improvement projects identified in the bill. The Metropolitan Transportation Commission (MTC), in its role as the Bay Area Toll Authority, is expected to decide by early 2018 when the RM 3 question will appear on ballots in the nine Bay Area counties. The Commission also will decide the amount of the proposed toll increase and whether the proposed increase would be instituted all at once or phased in over several years.
The RM 3 expenditure plan provides mobility improvements in each of the region’s seven state- owned bridge corridors, helping to speed up commutes and provide better travel options, particularly for those traveling to major job hubs, such as San Francisco and Silicon Valley. The plan includes numerous congestion relief projects in the bridge corridors, including new express lanes, a direct freeway connector from northbound U.S. 101 to eastbound Interstate 580 in Marin County to improve access to the Richmond-San Rafael Bridge as well as improvements to the westbound approach in Contra Costa County; constructing a direct connector between Interstates 680 and 880 in Fremont and improvements to the I-680/State Route 84 interchange in Alameda County serving the Dumbarton Bridge; upgrading the I-680/State Route 4 interchange in Contra Costa County serving the Benicia Bridge corridor and the U.S. 101/State Route 92 interchange in San Mateo serving the San Mateo-Hayward Bridge; various improvements to relieve congestion in the Dumbarton Bridge corridor and improve State Route 37 in Marin, Sonoma, Napa and Solano counties; completing the widening of U.S. 101 to three lanes in each direction through the Marin-Sonoma Narrows. Major public transit improvements that would be funded by the measure include 306 new BART cars that will expand the fleet to accommodate record ridership; new ferries and expanded service and terminals across San Francisco Bay; further extension of BART’s Silicon Valley service to downtown San Jose and Santa Clara; extending Caltrain to downtown San Francisco; expanding transbay bus service and AC Transit’s bus rapid transit lines serving the transbay corridor; extending the new SMART rail system to Windsor; and expanding San Francisco’s fleet of Muni Metro rail cars to improve transit access not just to San Francisco, but within it as well. RM 3 also would fund a $150 million grant program to improve bicycle and pedestrian access to regional transit hubs and to close gaps in the San Francisco Bay Trail.
“Nobody likes higher tolls,” commented MTC Chair and Rohnert Park Mayor Jake Mackenzie. “But nobody likes traffic jams or crush-loaded train cars either. The Bay Area has been blessed by seven straight years of strong economic growth. But the price we’ve paid is the growing congestion on our freeways, railways and ferries. If our region is going to maintain its economic leadership, we have to invest in projects that will keep businesses and their workers moving. Gov. Brown and the state Legislature deserve a lot of credit for shaping RM 3 into a comprehensive and integrated strategy that will modernize both our highways and our transit networks.”
For details on the complete range of investments that would be funded if a majority of voters in the nine Bay Area counties approve RM 3, go to the MTC website or see the complete list, here.
MTC is the transportation planning, financing, and coordinating agency for the nine-county San Francisco Bay Area.
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Nathan Banks. Photo courtesy higginsmortuary.com
Finding of “accident” defined
Sheriff-Coroner David O. Livingston announces that a coroner’s jury has reached a finding in the June 16, 2017 death of Nathan Gregory Banks. The finding of the jury is that the death is an accident.
Antioch police contacted a man and woman inside a car on the 2300 block of Manzanita Way. The man was later identified as Banks. The police officer noticed that Banks was in possession of a handgun. The officer ordered Banks to stay in the car, however, he fled holding the weapon in his hand. During a confrontation, the officer fired his duty weapon at Banks. He was pronounced deceased at the scene.
The coroner’s jury reached a verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.
A coroner’s inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving police officers, is a public hearing, during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: Accident, Suicide, Natural Causes, or At the hands of another person, other than by accident.
According to the obituary on Higgins Mortuary website, “Nathan Gregory Banks (37)” was a “lifelong resident of Antioch born June 11, 1980…a graduate of Antioch High School” and was “an apprentice in the Carpenters Union. He was fiercely loyal, loving, and protective of his family and friends” and “the beloved son of Dawn Marie & John Delucchi of Pittsburg and Greg & Theresa Banks of Antioch.”
He “is survived by his parents, grandparent Nana Peggy Banks, along with aunts and uncles, nieces and nephews and cousins who will dearly miss his sense of humor, smile, and warm heart. Nathan was preceded by his sister Tarah Lynna Banks (2017), and Papa Byron Banks (2013).”
A memorial service was held for him on July 21 at Calvary Temple Church in Concord.
10/13/17 UPDATE: When asked why it was ruled an accident instead of “at the hands of another person, other than by accident” the Sheriff’s Public Information Officer, Jimmy Lee responded, “the inquest, although it is a hearing, is not like a traditional court case. There are no attorneys involved. Individuals directly involved in the case testify. The jury hears the testimony and selects from one of four options.”
“Also a finding of accident does not necessarily mean he (the officer) accidentally fired his service weapon,” he added.
Lee then provided the instructions to the jury which included definitions for each possible finding. The finding of “accident” included the following definition:
ACCIDENT: DEATH BY ACCIDENT CAN REFER TO A VARIETY OF UNFORSEEN OR UNINTENTIONAL EVENTS. SOME OF THOSE INVOLVE NATURAL PHENOMENA, SUCH AS DEATH BY FIRE, FLOOD, OR EARTHQUAKE, IN WHICH NO HUMAN AGENCY IS INVOLVED. ANOTHER SPECIES OF ACCIDENT IS THE KIND WHICH RESULTS FROM HUMAN ACTS OR CONDUCT. DEATH BY ACCIDENT WHERE A HUMAN AGENCY IS INVOLVED IS THUS BEST DEFINED AS THE UNINTENDED OR UNEXPECTED RESULTS OF HUMAN CONDUCT. THE TERM “ACCIDENT” AS IT APPLIES TO THESE PROCEEDINGS IS AN UNFORSEEN EVENT, MISFORTUNE, LOSS, ACT OR OMISSION.
Following are the complete jury instructions and definitions for each possible finding:
OFFICE OF THE CORONER – CONTRA COSTA COUNTY
CORONER’S JURY INSTRUCTIONS
MATTHEW P. GUICHARD, HEARING OFFICER
GUICHARD, TENG & PORTELLO, ATTORNEYS AT LAW
101 YGNACIO VALLEY ROAD, SUITE 112
WALNUT CREEK, CA 94596
TEL: (925) 459-8440 FAX: (925) 459-8445
DATE: October 10, 2017
CORONER’S NUMBER: 2017-2941
INQUEST INTO THE DEATH OF: NATHAN GREGORY BANKS
BORN: June 11, 1980
DIED: June 17, 2017
MEMBERS OF THE JURY: HAVING NOW HEARD THE EVIDENCE, IT BECOMES YOUR DUTY TO RENDER YOUR VERDICT.
YOU ARE THE SOLE AND EXCLUSIVE JUDGES OF THE EVIDENCE GIVEN TO YOU FROM THE WITNESS STAND, AND FROM THAT EVIDENCE YOU SHOULD STATE IN YOUR VERDICT WHO THE DECEASED WAS, HOW, WHEN AND WHERE HE CAME TO HIS DEATH.
THE LAW PROVIDES THAT YOU SHALL FIND, IN ADDITION TO THE MEDICAL CAUSE OF DEATH, WHAT WAS THE MODE OR MANNER OF THE DECEDENT’S DEATH. TO THAT END, THE LAW PROVIDES THAT YOU MUST FIND WHETHER THE DECEDENT’S DEATH WAS BY:
1. NATURAL CAUSES, or
2. SUICIDE, or
3. ACCIDENT, or
4. AT THE HANDS OF ANOTHER PERSON, OTHER THAN BY ACCIDENT.
EACH MODE OF DEATH IS ALTERNATIVE AND INDEPENDENT OF THE OTHERS, SO THAT YOU CANNOT COMBINE VERDICTS. YOU CANNOT ADD TO ANY OF THE DEFINITIONS. YOU MAY MAKE A SEPARATE COMMENT IF YOU WISH, BUT NOT ON THE VERDICT FORM.
THE FOUR MODES OF DEATH ARE DEFINED AS FOLLOWS:
1. NATURAL CAUSES: DEATH BY NATURAL CAUSES IS SO WELL KNOWN TO ALL OF YOU AS GENERALLY TO REQUIRE NO EXPLANATION. HOWEVER, FOR THE PURPOSE OF THIS PROCEEDING, IT MAY BEST BE DEFINED AS A DEATH ARISING FROM AN ACT OF NATURE AS OPPOSED TO ONE BEING ARTIFICIALLY INDUCED.
2. SUICIDE: SUICIDE IS DEFINED AS AN INTENTIONAL ACT OF SELF-DESTRUCTION BY ONE WITH SUFFICIENT TOUCH WITH REALITY TO UNDERSTAND THE NATURE OF HIS ACT. THE FACT ANOTHER PERSON, INCLUDING A LAW ENFORCEMENT OFFICER, ACTED AS THE INSTRUMENTALITY OF THE DECEASED SUBJECT’S DEATH, DOES NOT PRECLUDE A FINDING OF SUICIDE, WHEN THE SUBJECT INTENDED TO PRECIPITATE THE USE OF DEADLY FORCE AGAINST HIMSELF.
3. ACCIDENT: DEATH BY ACCIDENT CAN REFER TO A VARIETY OF UNFORSEEN OR UNINTENTIONAL EVENTS. SOME OF THOSE INVOLVE NATURAL PHENOMENA, SUCH AS DEATH BY FIRE, FLOOD, OR EARTHQUAKE, IN WHICH NO HUMAN AGENCY IS INVOLVED. ANOTHER SPECIES OF ACCIDENT IS THE KIND WHICH RESULTS FROM HUMAN ACTS OR CONDUCT. DEATH BY ACCIDENT WHERE A HUMAN AGENCY IS INVOLVED IS THUS BEST DEFINED AS THE UNINTENDED OR UNEXPECTED RESULTS OF HUMAN CONDUCT. THE TERM “ACCIDENT” AS IT APPLIES TO THESE PROCEEDINGS IS AN UNFORSEEN EVENT, MISFORTUNE, LOSS, ACT OR OMISSION.
4. AT THE HANDS OF ANOTHER PERSON, OTHER THAN BY ACCIDENT: THAT PHRASE IS ESSENTIALLY SELF-EXPLANATORY. IT IS EITHER AN INTENTIONAL ACT WHICH DIRECTLY CAUSES THE DEATH OF ANOTHER PERSON OR AN INTENTIONAL OMISSION TO ACT WHICH DIRECTLY CAUSES THE DEATH OF ANOTHER PERSON.
YOU SHOULD DETERMINE THE MODE OR MANNER OF DEATH HEREIN BY A MORE LIKELY TRUE THAN NOT TRUE STANDARD. THAT MEANS IN EXAMINING ALL THE EVIDENCE YOU SHOULD DECIDE WHICH MODE OR MANNER OF DEATH OF THE FOUR LISTED MODES IS THE MOST LIKELY TO BE TRUE. THEREFORE, IF YOU SHOULD DETERMINE THAT THE EVIDENCE HEREIN IS MORE CONVINCING, AND CREATES A GREATER PROBABILITY OF TRUTH IN FAVOR OF ONE MODE, THAT MODE SHOULD BE YOUR VERDICT.
IN DETERMINING WHETHER A MODE HAS BEEN PROVEN TO BE TRUE, YOU SHOULD CONSIDER ALL THE EVIDENCE BEARING UPON THAT ISSUE. YOU SHOULD ALSO BEAR IN MIND THAT IT IS THE LAW OF CALIFORNIA THAT ALL DEATHS MAY BE DESCRIBED BY ONE OF THE FOUR STATED MODES.
YOUR FINDINGS SHALL NOT INCLUDE NOR MAKE ANY REFERENCE TO CIVIL OR CRIMINAL RESPONSIBILITY ON THE PART OF THE DECEASED OR ANY OTHER PERSON.
UNDER THE LAW THAT GOVERNS INQUESTS, THERE IS NO REQUIREMENT THAT YOUR VERDICT BE UNANIMOUS. A SIMPLE MAJORITY IS SUFFICIENT.
I HAVE NOT INTENDED BY ANYTHING I HAVE SAID OR DONE, OR BY THE QUESTIONS THAT I HAVE ASKED, TO INTIMATE OR SUGGEST HOW YOU SHOULD DECIDE ANY QUESTIONS OF FACT SUBMITTED TO YOU. IF ANYTHING I HAVE DONE OR SAID HAS SEEMED TO SO INDICATE, YOU WILL DISREGARD IT AND FORM YOUR OWN OPINION.
Allen Payton contributed to this report.
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Advocates, Supervisors bash popular Laura’s Law mental health program report
By Daniel Borsuk
A popular county mental health program was on the receiving end of criticism from supervisors, mental health advocates and parents of persons afflicted with mental health disease who cited how the $2.25 million a year Assisted Outpatient Treatment Program needs to be repaired.
On a 5-0 vote, supervisors Tuesday approved the July 1, 2016 to June 30, 2017 annual report from Mental Health Services officials on the county’s Assisted Outpatient Treatment Program, even though Mental Health Services Administration Program Manager Warren Hayes attempted to put a positive spin on the five-year old program that generated an ample amount of criticism from supervisors and mental health watchdog advocates alike.
The popular AOT program is a product of the implementation of Laura’s Law about 5 years ago. While AOT has gained its fair share of advocates, it has been tagged with criticism mostly associated with its bureaucratic regulations and time delays.
Antioch resident Douglas Dunn blasted the way county “unnecessarily duplicates” activities for applicants needing AOT services. This limits the number of people admitted to receive mental health services, said Dunn, who also serves as a commissioner on the Contra Costa County Mental Health Commission.
In the 2016-17 year, county mental health officials had 177 individuals referred to the AOT, 42 persons were determined to meet program eligibility and were referred to Mental Health Services for inclusion in the program.
The department reported that 25 AOT cases are still pending. In addition, 91 cases are closed because they are not AOT eligible due to several factors such as mental health officials are unable to contact the prospective client or the client is unwilling to cooperate with county mental health workers.
The bureaucracy involved in getting persons potentially admitted into AOT drove Sharon Madison, a parent who also serves on the National Alliance on Mental Illness, to plead with supervisors “Let’s get our loved ones into treatment. It’s taking way too long to get people into the program.”
The county report indicates it takes more than 120 days per case to reach resolution.
“A number of individual cases are taking much longer than 120 days from referral to service,” the report stated. “The program may wish to consider utilizing the court petition sooner as a means to encourage participation in mental health care.”
District 1 Supervisor John Gioia criticized the AOT report for not adequately addressing the county’s mental health problems with the homeless population.
“I want a special report on the homeless population to be prepared,” Gioia demanded. But the likelihood that such a report will materialize is doubtful because few of the supervisor’s colleagues supported his request at least publicly.
District 2 Supervisor Candace Andersen said the program needs to take into consideration those who might be eligible for AOT services are held in county’s jails.
2018 Board Calendar Approved
Without batting an eye, supervisors approved a 2018 calendar, a schedule that calls for 36 regularly scheduled board meetings and 17 canceled board meetings due to a variety of reasons such as major holidays like Christmas Day, because it will be celebrated on Tuesday, Dec. 25, 2018.
So far, this year, supervisors are scoring a solid 96 percent attendance record when it comes to conducting county business. Supervisors have canceled one regularly scheduled board meeting, the Oct. 10 meeting, mainly because there were not enough items to place on the agenda, according to Board Chair Federal Glover.
Another factor, but not necessarily an overriding reason why the Oct. 10 meeting was canceled was because Glover was in Atlanta, Georgia attending an American Public Transportation Association conference. District 3 Supervisor Diane Burgis of Brentwood was also supposed to attend the transit conference, but the Contra Costa Herald learned, Burgis decided not to attend the confab at the last minute.
Other Business
In other business, supervisors unanimously approved as a consent item for $585,000 of private foundation grant funds for the Stand Together CoCo Project that the supervisors recently approved to provide legal services for undocumented residents of Contra Costa County. (See related article)
The county public defender’s office is spearheading the program on behalf of the county, but the five private foundations that are stepping up to the plate in doling out funds to support the program in its initial year’s rollout requested that the county pony up $500,000 to jump start the first year of the ambitious program.
Private donations include a $275,000 grant for 24 months from the Y&H Soda Foundation, a 12-month $100,000 SF Foundation grant, a $100,000 grant from The California Endowment, a $50,000 East Bay Community Foundation grant to go into effect July 1, 2018 through June 30, 2019, a $50,000 Firedoll Foundation grant, and a $10,000 Richmond Community Foundation grant.
In another consent action, supervisors approved the Public Defender’s Office request to fill the $94,956 a year administrative analyst position to manage cases associated with the Stand Together CoCo program.
Read MoreSB 751 would eliminate the limit on reserves for most small school districts and raise it to 10 percent for others
SACRAMENTO – School districts will have a greater ability to manage their own fiscal affairs under a bill that Gov. Jerry Brown signed on Wednesday.
The bill, SB 751, jointly authored by Sen. Jerry Hill, D-San Mateo and Sen. Steve Glazer, D-Orinda, eliminates the reserve cap for most small school districts and substantially reduces reserve fund obligations for large school districts.
“This measure significantly reverses an ill-advised law limiting local school reserve funds. School districts will now be able to more fully prepare for a rainy day, which may be right around the corner,” Glazer stated. “I would hope that eventually we can eliminate any type of cap on school reserves and keep the state out of micromanaging local school districts’ budgets. I want to thank Senator Hill and the California School Board Association for their leadership on this critical local control issue.”
Glazer represents most of Contra Costa County in the California State Senate.
Read MoreContra Costa College, Diablo Valley College-Pleasant Hill Campus, Diablo Valley College-San Ramon Campus, Los Medanos College-Pittsburg Campus, Los Medanos College-Brentwood Center, will resume a regular class schedule and student services beginning today, Friday, October 13. Outdoor sport activities will continue to be limited until further notice, but indoor activities including theater performances will still be held as scheduled.
The weather forecast for this weekend calls for increasing winds that may hamper firefighting efforts and contribute to poor air quality. We encourage students and staff to continue monitoring email, website and social media over the weekend for any updates.
Read MoreWalnut Creek, CA – Today, Wednesday, October 11, 2017, Congressman Mark DeSaulnier (D, CA-11) announced he will host his 50th town hall and mobile district office hour since coming to Congress in January of 2015. The town hall meeting will be held at the Shadelands Art Center on Monday, October 16th at 6:00 p.m. in Walnut Creek.
“Town halls are one of my favorite ways to interact with constituents,” said DeSaulnier. “There is something special about traveling the district and hearing directly from residents in their neighborhoods—it is a direct display of democracy at work.”
Residents are invited to join the Congressman to listen to a presentation and legislative update. During the town hall constituents will have an opportunity to ask questions, share their opinions on actions taken by this Administration, and discuss issues import to our community.
Walnut Creek Town Hall
Shadelands Arts Center
6:00 p.m. to 7:30 p.m.
(Door Open at 5:30 p.m.)
Please RSVP online at www.desaulnier.house.gov/town-hall-rsvp or call 925-933-2660. For more information or to request ADA accommodations contact Congressman DeSaulnier’s office in either Walnut Creek or Richmond.
Read MoreContra Costa College, Diablo Valley College, Los Medanos College, and centers at Brentwood and San Ramon, will be closed tomorrow, Thursday, October 12, due to poor air quality as a result of the fires in Solano and Sonoma counties.
The District will evaluate the situation and provide an update as new information becomes available. We encourage students and staff to continue monitoring email, website and social media.
Read MoreThe driver’s vehicle where it ended down the deep embankment off the Byron Highway, Tuesday evening. Photos by ECCFPD.
Transported to trauma center by medical helicopter
By Allen Payton
A man was able to extricate himself from his heavily damaged car after driving it off the Byron Highway and down a 25-foot, steep embankment Tuesday evening about 5:36 p.m. Seven East Contra Costa Fire personnel arrived on the scene and located the man near his car, near Holey Road in Byron.
East Contra Costa Fire personnel prepare driver for transport by helicopter to the trauma center.
According to the report by Battalion Chief Jack Gonzales, the rescue crew “secured the scene with the use of fire apparatus” and the driver “was provided medical aid and packaged in a stokes basket for a low-angle rescue.”
“AMR provided ALS care” to the man who was then “brought up to the roadway and was transferred to REACH3 (helicopter) for transport,” the report further states.
The driver was by himself in the vehicle and sustained “head and chest trauma” and “was transported…to John Muir Trauma Center in Walnut Creek.”
The accident, which backed up traffic on the Byron Highway, is under investigation by the CHP.
Read MoreOn August 14, 2017 the Court’s Juvenile Division, which hears delinquency and dependency matters, moved from Martinez to Walnut Creek. Hon. Rebecca C. Hardie, Supervising Judge of the Juvenile Division pointed out that “this move allows better access to Juvenile Court for people throughout the County.” Buses and BART are within walking distance. There is also ample parking.
Hon. Jill Fannin, Presiding Judge of the Superior Court of Contra Costa County added that “detained minors will now be transported through private entry points and will no longer have to walk shackled down public hallways.”
This move re-opens three courtrooms and clerks’ offices that were vacated in 2012 as a result of significant budget cuts.
Departments presided over by Hon. Rebecca C. Hardie, Supervising, Hon. Lois Haight and Hon. Barbara C. Hinton as well as the Juvenile Clerk’s Office are now housed at 640 Ygnacio Valley Road in Walnut Creek. Juvenile Hall in Martinez will continue to house the department which is currently presided over by Hon. Susanne M. Fenstermacher.
The Court is holding an Open House on October 11, 2017 to showcase this new location. Presiding Judge Fannin and Supervising Juvenile Judge Hardie will take this opportunity to express their gratitude for the support that the Court has received from the County Board of Supervisors, the City of Walnut Creek, our county justice partners, and the juvenile bar. Their combined efforts helped to make the move a resounding success.
“The support of local government and the legal community for this change has been tremendous” said Judge Hardie.
Read MoreSACRAMENTO – Gov. Jerry Brown on Tuesday signed a measure that will give Bay Area voters a chance to create an independent inspector general for BART to hold the sprawling transit district accountable for its spending, service to riders, and timely delivery of capital projects.
The inspector general was proposed by state Sen. Steve Glazer, D-Orinda, as part of a bill, SB 595, by Sen. Jim Beall (D-San Jose) that will ask voters to raise bridge tolls to fund transportation projects designed to relieve traffic congestion in the bridge corridors.
Glazer wanted voters to be given the option of creating the accountability czar as a condition of his support for placing the measure on the ballot. Other major transit agencies, including those in Washington D.C., New York, Chicago and Los Angeles, have long had inspector generals to serve as an independent check on the bureaucracy.
“If an independent check is good enough for transit systems in most of our major metropolitan areas, it should be good enough for BART,” Glazer said. “BART will get about one billion dollars from toll revenues generated by this measure, so it’s vital that riders and residents have someone who be the public’s eyes and ears and will hold BART’s administration accountable.”
If approved by voters, the inspector general would be appointed by the governor from a list of three finalists nominated by the BART board. The person could be fired only with a two-thirds vote of the board and the governor’s agreement.
The BART inspector general would be tasked with investigating fraud, waste and inefficiencies, conducting audits and recommending changes in the agency’s practices that will improve services to riders.
Glazer, who has been critical of management-union relations that resulted in eight days of strikes in 2013, required in the inspector general’s job description that they assess whether management was using best practices to promote “positive and productive” relations with employees and their representatives.
“BART employees have as much to gain as the riding public by having an inspector general ensure that trains run on time, stations are safe and clean, and escalators and elevators work,” Glazer said. “They are hard-working, dedicated public servants who deserve an effective ally.”
Glazer also pushed for amendments to the bill that ensured Contra Costa and Alameda county commuters would see a fair share of congestion relief projects if the toll increases become a reality.
Projects to improve traffic flow on Interstate 680 and rebuild interchanges where 680 connects to state routes 4 and 84 were included in the final version of the proposed spending plan.
Glazer said he was proud of the collaborative process led by Sen. Beall, and Assemblymen David Chiu and Phil Ting of San Francisco and other members of the Bay Area legislative delegation. Members from throughout the region were able to provide input into the final proposal that included the crucial provision to oversee BART’s administration and spending.
“I look forward to voters determining whether to fund projects designed to relieve congestion throughout the entire region and providing independent oversight of BART,” Glazer said.
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The setting sun reflects off of the Carquinez Bridge’s towers. This bridge project was funded through Regional Measure 1. Photo courtesy of MTC.
By Metropolitan Transportation Commission
Governor Brown’s action today to sign into law Senate Bill 595 clears the way for Bay Area voters to decide – potentially as early as next June – on Regional Measure 3 (RM 3), which would raise tolls by up to $3 on the region’s seven state-owned toll bridges to finance the sweeping $4.5 billion package of congestion relief and mobility improvement projects identified in the bill. The Metropolitan Transportation Commission (MTC), in its role as the Bay Area Toll Authority, is expected to decide by early 2018 when the RM 3 question will appear on ballots in the nine Bay Area counties. The Commission also will decide the amount of the proposed toll increase and whether the proposed increase would be instituted all at once or phased in over several years.
The RM 3 expenditure plan provides mobility improvements in each of the region’s seven state- owned bridge corridors, helping to speed up commutes and provide better travel options, particularly for those traveling to major job hubs, such as San Francisco and Silicon Valley. The plan includes numerous congestion relief projects in the bridge corridors, including new express lanes, a direct freeway connector from northbound U.S. 101 to eastbound Interstate 580 in Marin County to improve access to the Richmond-San Rafael Bridge as well as improvements to the westbound approach in Contra Costa County; constructing a direct connector between Interstates 680 and 880 in Fremont and improvements to the I-680/State Route 84 interchange in Alameda County serving the Dumbarton Bridge; upgrading the I-680/State Route 4 interchange in Contra Costa County serving the Benicia Bridge corridor and the U.S. 101/State Route 92 interchange in San Mateo serving the San Mateo-Hayward Bridge; various improvements to relieve congestion in the Dumbarton Bridge corridor and improve State Route 37 in Marin, Sonoma, Napa and Solano counties; completing the widening of U.S. 101 to three lanes in each direction through the Marin-Sonoma Narrows. Major public transit improvements that would be funded by the measure include 306 new BART cars that will expand the fleet to accommodate record ridership; new ferries and expanded service and terminals across San Francisco Bay; further extension of BART’s Silicon Valley service to downtown San Jose and Santa Clara; extending Caltrain to downtown San Francisco; expanding transbay bus service and AC Transit’s bus rapid transit lines serving the transbay corridor; extending the new SMART rail system to Windsor; and expanding San Francisco’s fleet of Muni Metro rail cars to improve transit access not just to San Francisco, but within it as well. RM 3 also would fund a $150 million grant program to improve bicycle and pedestrian access to regional transit hubs and to close gaps in the San Francisco Bay Trail.
“Nobody likes higher tolls,” commented MTC Chair and Rohnert Park Mayor Jake Mackenzie. “But nobody likes traffic jams or crush-loaded train cars either. The Bay Area has been blessed by seven straight years of strong economic growth. But the price we’ve paid is the growing congestion on our freeways, railways and ferries. If our region is going to maintain its economic leadership, we have to invest in projects that will keep businesses and their workers moving. Gov. Brown and the state Legislature deserve a lot of credit for shaping RM 3 into a comprehensive and integrated strategy that will modernize both our highways and our transit networks.”
For details on the complete range of investments that would be funded if a majority of voters in the nine Bay Area counties approve RM 3, go to the MTC website or see the complete list, here.
MTC is the transportation planning, financing, and coordinating agency for the nine-county San Francisco Bay Area.
Read MoreNathan Banks. Photo courtesy higginsmortuary.com
Finding of “accident” defined
Sheriff-Coroner David O. Livingston announces that a coroner’s jury has reached a finding in the June 16, 2017 death of Nathan Gregory Banks. The finding of the jury is that the death is an accident.
Antioch police contacted a man and woman inside a car on the 2300 block of Manzanita Way. The man was later identified as Banks. The police officer noticed that Banks was in possession of a handgun. The officer ordered Banks to stay in the car, however, he fled holding the weapon in his hand. During a confrontation, the officer fired his duty weapon at Banks. He was pronounced deceased at the scene.
The coroner’s jury reached a verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.
A coroner’s inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving police officers, is a public hearing, during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: Accident, Suicide, Natural Causes, or At the hands of another person, other than by accident.
According to the obituary on Higgins Mortuary website, “Nathan Gregory Banks (37)” was a “lifelong resident of Antioch born June 11, 1980…a graduate of Antioch High School” and was “an apprentice in the Carpenters Union. He was fiercely loyal, loving, and protective of his family and friends” and “the beloved son of Dawn Marie & John Delucchi of Pittsburg and Greg & Theresa Banks of Antioch.”
He “is survived by his parents, grandparent Nana Peggy Banks, along with aunts and uncles, nieces and nephews and cousins who will dearly miss his sense of humor, smile, and warm heart. Nathan was preceded by his sister Tarah Lynna Banks (2017), and Papa Byron Banks (2013).”
A memorial service was held for him on July 21 at Calvary Temple Church in Concord.
10/13/17 UPDATE: When asked why it was ruled an accident instead of “at the hands of another person, other than by accident” the Sheriff’s Public Information Officer, Jimmy Lee responded, “the inquest, although it is a hearing, is not like a traditional court case. There are no attorneys involved. Individuals directly involved in the case testify. The jury hears the testimony and selects from one of four options.”
“Also a finding of accident does not necessarily mean he (the officer) accidentally fired his service weapon,” he added.
Lee then provided the instructions to the jury which included definitions for each possible finding. The finding of “accident” included the following definition:
ACCIDENT: DEATH BY ACCIDENT CAN REFER TO A VARIETY OF UNFORSEEN OR UNINTENTIONAL EVENTS. SOME OF THOSE INVOLVE NATURAL PHENOMENA, SUCH AS DEATH BY FIRE, FLOOD, OR EARTHQUAKE, IN WHICH NO HUMAN AGENCY IS INVOLVED. ANOTHER SPECIES OF ACCIDENT IS THE KIND WHICH RESULTS FROM HUMAN ACTS OR CONDUCT. DEATH BY ACCIDENT WHERE A HUMAN AGENCY IS INVOLVED IS THUS BEST DEFINED AS THE UNINTENDED OR UNEXPECTED RESULTS OF HUMAN CONDUCT. THE TERM “ACCIDENT” AS IT APPLIES TO THESE PROCEEDINGS IS AN UNFORSEEN EVENT, MISFORTUNE, LOSS, ACT OR OMISSION.
Following are the complete jury instructions and definitions for each possible finding:
OFFICE OF THE CORONER – CONTRA COSTA COUNTY
CORONER’S JURY INSTRUCTIONS
MATTHEW P. GUICHARD, HEARING OFFICER
GUICHARD, TENG & PORTELLO, ATTORNEYS AT LAW
101 YGNACIO VALLEY ROAD, SUITE 112
WALNUT CREEK, CA 94596
TEL: (925) 459-8440 FAX: (925) 459-8445
DATE: October 10, 2017
CORONER’S NUMBER: 2017-2941
INQUEST INTO THE DEATH OF: NATHAN GREGORY BANKS
BORN: June 11, 1980
DIED: June 17, 2017
MEMBERS OF THE JURY: HAVING NOW HEARD THE EVIDENCE, IT BECOMES YOUR DUTY TO RENDER YOUR VERDICT.
YOU ARE THE SOLE AND EXCLUSIVE JUDGES OF THE EVIDENCE GIVEN TO YOU FROM THE WITNESS STAND, AND FROM THAT EVIDENCE YOU SHOULD STATE IN YOUR VERDICT WHO THE DECEASED WAS, HOW, WHEN AND WHERE HE CAME TO HIS DEATH.
THE LAW PROVIDES THAT YOU SHALL FIND, IN ADDITION TO THE MEDICAL CAUSE OF DEATH, WHAT WAS THE MODE OR MANNER OF THE DECEDENT’S DEATH. TO THAT END, THE LAW PROVIDES THAT YOU MUST FIND WHETHER THE DECEDENT’S DEATH WAS BY:
1. NATURAL CAUSES, or
2. SUICIDE, or
3. ACCIDENT, or
4. AT THE HANDS OF ANOTHER PERSON, OTHER THAN BY ACCIDENT.
EACH MODE OF DEATH IS ALTERNATIVE AND INDEPENDENT OF THE OTHERS, SO THAT YOU CANNOT COMBINE VERDICTS. YOU CANNOT ADD TO ANY OF THE DEFINITIONS. YOU MAY MAKE A SEPARATE COMMENT IF YOU WISH, BUT NOT ON THE VERDICT FORM.
THE FOUR MODES OF DEATH ARE DEFINED AS FOLLOWS:
1. NATURAL CAUSES: DEATH BY NATURAL CAUSES IS SO WELL KNOWN TO ALL OF YOU AS GENERALLY TO REQUIRE NO EXPLANATION. HOWEVER, FOR THE PURPOSE OF THIS PROCEEDING, IT MAY BEST BE DEFINED AS A DEATH ARISING FROM AN ACT OF NATURE AS OPPOSED TO ONE BEING ARTIFICIALLY INDUCED.
2. SUICIDE: SUICIDE IS DEFINED AS AN INTENTIONAL ACT OF SELF-DESTRUCTION BY ONE WITH SUFFICIENT TOUCH WITH REALITY TO UNDERSTAND THE NATURE OF HIS ACT. THE FACT ANOTHER PERSON, INCLUDING A LAW ENFORCEMENT OFFICER, ACTED AS THE INSTRUMENTALITY OF THE DECEASED SUBJECT’S DEATH, DOES NOT PRECLUDE A FINDING OF SUICIDE, WHEN THE SUBJECT INTENDED TO PRECIPITATE THE USE OF DEADLY FORCE AGAINST HIMSELF.
3. ACCIDENT: DEATH BY ACCIDENT CAN REFER TO A VARIETY OF UNFORSEEN OR UNINTENTIONAL EVENTS. SOME OF THOSE INVOLVE NATURAL PHENOMENA, SUCH AS DEATH BY FIRE, FLOOD, OR EARTHQUAKE, IN WHICH NO HUMAN AGENCY IS INVOLVED. ANOTHER SPECIES OF ACCIDENT IS THE KIND WHICH RESULTS FROM HUMAN ACTS OR CONDUCT. DEATH BY ACCIDENT WHERE A HUMAN AGENCY IS INVOLVED IS THUS BEST DEFINED AS THE UNINTENDED OR UNEXPECTED RESULTS OF HUMAN CONDUCT. THE TERM “ACCIDENT” AS IT APPLIES TO THESE PROCEEDINGS IS AN UNFORSEEN EVENT, MISFORTUNE, LOSS, ACT OR OMISSION.
4. AT THE HANDS OF ANOTHER PERSON, OTHER THAN BY ACCIDENT: THAT PHRASE IS ESSENTIALLY SELF-EXPLANATORY. IT IS EITHER AN INTENTIONAL ACT WHICH DIRECTLY CAUSES THE DEATH OF ANOTHER PERSON OR AN INTENTIONAL OMISSION TO ACT WHICH DIRECTLY CAUSES THE DEATH OF ANOTHER PERSON.
YOU SHOULD DETERMINE THE MODE OR MANNER OF DEATH HEREIN BY A MORE LIKELY TRUE THAN NOT TRUE STANDARD. THAT MEANS IN EXAMINING ALL THE EVIDENCE YOU SHOULD DECIDE WHICH MODE OR MANNER OF DEATH OF THE FOUR LISTED MODES IS THE MOST LIKELY TO BE TRUE. THEREFORE, IF YOU SHOULD DETERMINE THAT THE EVIDENCE HEREIN IS MORE CONVINCING, AND CREATES A GREATER PROBABILITY OF TRUTH IN FAVOR OF ONE MODE, THAT MODE SHOULD BE YOUR VERDICT.
IN DETERMINING WHETHER A MODE HAS BEEN PROVEN TO BE TRUE, YOU SHOULD CONSIDER ALL THE EVIDENCE BEARING UPON THAT ISSUE. YOU SHOULD ALSO BEAR IN MIND THAT IT IS THE LAW OF CALIFORNIA THAT ALL DEATHS MAY BE DESCRIBED BY ONE OF THE FOUR STATED MODES.
YOUR FINDINGS SHALL NOT INCLUDE NOR MAKE ANY REFERENCE TO CIVIL OR CRIMINAL RESPONSIBILITY ON THE PART OF THE DECEASED OR ANY OTHER PERSON.
UNDER THE LAW THAT GOVERNS INQUESTS, THERE IS NO REQUIREMENT THAT YOUR VERDICT BE UNANIMOUS. A SIMPLE MAJORITY IS SUFFICIENT.
I HAVE NOT INTENDED BY ANYTHING I HAVE SAID OR DONE, OR BY THE QUESTIONS THAT I HAVE ASKED, TO INTIMATE OR SUGGEST HOW YOU SHOULD DECIDE ANY QUESTIONS OF FACT SUBMITTED TO YOU. IF ANYTHING I HAVE DONE OR SAID HAS SEEMED TO SO INDICATE, YOU WILL DISREGARD IT AND FORM YOUR OWN OPINION.
Allen Payton contributed to this report.
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