Thursday, October 31, 2013

Standard-Examiner: Our View: Neil Garner for Ogden City Council

Will Council challenger Stevens "pull a rabbit out of her hat" on Tuesday? We guess we'll soon find out

Mr. Mac Certified?
Following up on yesterday's WCF story, we'll make note of this morning's still "warm off the press" Standard-Examiner  second 2013 Ogden City Municipal Election city council pick. Yep. It's that clean-cut guy from the west side, who disdains campaign websites, social media and any activity which any activity which might might remotely smack of running a "modern" campaign... and as an added bonus... obviously buys his "conservative business attire" at Mr. Mac's:
Additional "qualifications" which the Standard didn't mention? Well, he did collect the obligatory $1500 campaign donation from the Northern Wasatch Association of Realtors, a wholly-owned subsidiary of the "Biggest and Baddest PAC in the Land,"  which renders him eminently suitable for a second council term in real estate development-driven Ogden City, we suppose:

Click to enlarge image

Furthermore, Councilman Garner also does have important West Side support, where it counts, of course:

"West Side" Garner Support
With the Standard's endorsement, and all of these other advantages, let's just say that Garner's Council challenger, Pamela Shupe Stevens, who's raised a grand total of zero campaign dollars during her own "quixotic" and "uphill" campaign, has her work cut out for her this week, as the clock for Municipal Ward 1 voting winds down to a little over four days, with the Standard, as a practical matter, very possibly having already "nailed" the prospective winner of this one.

Will Ms. Stevens "pull a rabbit out of her hat" on Tuesday?

We guess we'll soon find out.

Update 10/31/13 2:05 p.m.: Uh-oh!  Looks like Candidate Stevens has yet another "disadvantage" to overcome:
Happy Halloween, everyone...

Wednesday, October 30, 2013

2013 Ogden City Election Candidate Financial Disclosure Statements (Third Set)

The latest financial data, fresh from the City Recorder's Office

With less than 7 days remaining prior to next Tuesday's 2013 Ogden City Municipal election, we're pleased to present the Third Set of  timely-filed Ogden City Council Campaign Finance Disclosures, which are linked and summarized in the handy table below.   We've put the emphasis on the phrase timely-filed, inasmuch as two candidates, Pamela Stevens and Courtney White, missed yesterday's deadline, although Mr. White did manage to get his papers on file this morning.

These omissions could have significance, folks, as the potential penalty for a late filing could involve a tardy candidate's complete removal from the ballot.  Here's the applicable ordinance Ogden City ordinance, folks, which should provide "relief" to each of these candidates, provided their failures to file were "inadvertent" and not "willful":
In the meantime, while the City Recorder and City attorney get these interesting irregularities sorted out, click the highlighted links to see how each of these candidates is doing with his or her fundraising, as we stand on the cusp of electing a new Ogden City Council::

Here's the latest financial data, fresh from the City Recorder's Office, peeps:

OfficeCurrentCurrentCumulativeCumulative
CandidateContributionExpenseContributionExpense
Municipal Ward 1
Neil K. Garner $1,050$1,241$2,550$1,346
Pamela Stevens*No FilingNo Filing$0$25
Municipal Ward 3
Turner C. Bitton $3,602$5,607$9,805$9,696
Doug Stephens$1,840$1,724$6,150$4,036
At-Large "A"
Stephen D. Thompson $438$989$2,406$2,259
Marcia L. White $4,365$3,598$17,498$9,696
At-Large "B"
Bart Blair $1,875$84$1,875$109
Courtney Jon White**$61$100$261$261
* No Filing - Disqualified
** Late Filing - Disqualified

Your ever-savvy comments and analysis are now invited, of course.

Standard-Examiner Editorial Board - Our View: Bart Blair for Ogden City Council

Hmmm... perhaps, now would be a good time to take a good long look At-Large "B" council candidate Courtney Jon White

Following up on its 2007 decision to weigh in with its "recommendations" in local election races, the Standard-Examiner publishes this morning what we expect the first of four "picks" in the now-pending 2103 Ogden Municipal Election City Council races.  Take it for what it's worth, Weber County Forum political wonks:
Among other things, the Standard gives credit to Blair for "work[ing] with the council to replace water pipes, as well as infrastructure, that was sorely in need of replacement." Fixing up the Ogden water system was the equivalent of a "no-brainer," of course.  Seems like everyone agreed about that.  But then the SE then inexplicably goes on to "predict" that "Blair will work to make sure that savings can be accumulated to provide money that is targeted for planned upgrades," even though this is exactly what Blair did not do in July of this year, when he joined with the council majority in rubber-stamping the Caldwell administration's recommended and unnecessary $18 million new water infrastructure bonding, (at an interest rate of between 4-5%,) even as the utility funds had more than enough "accumulated" cash already sitting in the bank, drawing interest at a pathetic 1%.

Take it for what it's worth, Weber County Forum political wonks, as we said.

Perhaps, now would be a good time to take a good long look at Blair's At-Large "B" opponent, Courtney Jon White, a strong-spined, libertarian-oriented candidate who will by no means, unlike Bart Blair, conceivably play the docile part of a Caldwell administration "rubber stamp," No, Nay, NEVER.

Parenthetically we'll note, that inasmuch as Blair is a big fan of "bus rapid transit," and thereby an implicit opponent of an Ogden Street Car System, Ogden Street Car proponents will of course have another reason to not "like" this Standard-Examiner editorial board pick.

And don't get us wrong on this, as we do believe that Bart Blair is a nice and likeable young feller.  Nevertheless, we do have an overriding political bias in re these matters:


Don't let the cat get your tongues, O Gentle Ones...

Monday, October 28, 2013

Salt Lake Tribune: Utah GOP Votes to Reform Caucus System

Count My Vote organizers: Too little; too late

Game on!
Even as the first Utah citizens lined up at Gallivan Square on Saturday to affix their signatures to the Count My Vote (CMV) citizens initiative petition, we learn from the Salt Lake Tribune that Utah Republican Party Central Committee (URPCC)  aparatchiks were meeting up in Fillmore, in a last ditch effort to thwart the "pro-democracy" CMV juggernaut:
Fillmore • As petitioners launched efforts Saturday to gather signatures to replace party caucuses with direct primaries, Republican leaders huddled in a special meeting to approve overwhelmingly some reforms of the old system — hoping that may be enough to save it.
From the Utah GOP website, we've gleaned Saturday's "emergency" meeting agenda, which these desperate GOP party insiders reportedly "adopted," "hook, line and sinker":
Proposed Caucus Night Rules Resolutions submitted by the Caucus Committee
  1. Resolution to Improve the Language of the Republican Party's System of Nominating Candidates
  2. Resolution to Improve the Republican Party Neighborhood Caucus Election Experience by Recommending an optional Neighborhood Meet and Greet with Candidates
  3. Resolution to Improve the Republican Neighborhood Caucus Election Check-In Process
  4. Resolution to Improve the Republican Neighborhood Caucus Elections by Creating An Online Registration Process
  5. Resolution to Improve the Party Neighborhood Caucus Election Experience by Recommending to Counties and Precincts a Voting Method for Neighborhood Caucus Elections
  6. Resolution to Allow Same-Day Balloting at Republican Neighborhood Caucus Election Meetings
  7. Resolution on Participation by Individuals Engaged in Out of State Military and Religious Service at Neighborhood Caucus Elections
Despite the eleventh hour URPCC gymnastics, CMV organizers quite rightfully label these desperate maneuverings "a day late and a dollar short", according to the Salt Lake Tribune:
But leaders of Count My Vote — led by such people as former GOP Gov. Mike Leavitt and former democratic first lady Norma Matheson — say the GOP reforms made Saturday are too little, too late to stop their efforts.
"It doesn’t alter our desire to proceed," said Rich McKeown, executive co-director of the group, who noted that captains began gathering signatures Saturday after it finished required hearings and gained state approval for its forms.
You can read the full Salt Lake Tribune story here:
We can't blame CMV organizers for continuing to move forward, inasmuch as they've already devoted substantial effort, time and treasure to readying their petition for general circulation, while CMV opponents have dithered and procrastinated for far too long. 

Compounding the Utah GOP's problems, even though these above resolutions were approved in principle, the devil's in the details, and nobody  in the URPCC hierarchy seems to have the faintest clue how most of these "approved" resolutions would (or could) be "specifically" implemented, or so the Trib reports.

But cutting to the chase, O Gentle Ones, we're delighted to provide a link which provides the first glimpse of how YOU can sign the petition, whilst the Utah GOP meanwhile flails away in its continuing quest to oppose the fundamental democratic concept of  "One Citizen; One Vote."  Now that CMV is now collecting signatures, click this link "to be contacted about where and when you can sign the initiative petition":
We have to candidly confess that we can't recall a time in Utah politics when Utah's "ruling" party has exhibited such clumsy and desperate disarray. Refreshing, ainnit?

Howbout you?

Friday, October 25, 2013

Washington Post: In Utah, Tea Party Favorite Sen. Lee Faces GOP Backlash Over Government Shutdown

Mike "Shortsale" Lee, poster boy for the decrepit and archaic Utah caucus/convention nomination system.

Via the Tribune's Pat Bagley, who says, "Sen. Mike Lee (R-Deadbeat) who defaulted to the tune of $400k on his home mortgage, is telling Americans that the way to govern is to default on the national debt":
Gotta say we wax nostalgic for the "good old days," when real conservatives considered debt default to be "a bad thing."

Mike "Shortsale" Lee, poster boy for the decrepit, archaic and stunningly un-democratic Utah caucus/convention nomination "system".

Keep your eyes on Weber County Forum, folks, as the Count My Vote citizen initiative petitions will be arriving in your neighborhoods very soon.  When these petitions are available for your eager signatures, WCF readers will be the first to know, of course.

Wednesday, October 23, 2013

2013 Ogden City Municipal Elections Special Voter Guide PARODY - Updated

Providing a voice to Ogden City government fat cats

Mark Who?
Hi there everybody!  I’m one of those people you’ve probably NEVER heard of.  Now, I’m NOT one of the little people who work hard, pay taxes, and basically struggle under the bloated weight of overweening, overpaid bureaucracy.

No, I AM one of those bloated, overweening, over-paid bureaucrats!  In fact, you might say I’m at the very top of the big, steaming pile!

Let me introduce myself.  My name is Not Mark Johnson or N. Mark Johnson for short.  I’m Ogden City’s Chief Administrative Officer or CAO. 

I’m not the mayor, the fire chief, the police chief, the city council, or any of those small fry.  I’m all those peoples’ BOSS!  Elections may come and go, but whoever wins, all the other birds sit underneath ME in the pigeon coop!  In fact, I just CANNED the airport manager in favor of MY long-time, triple-dipping CRONY!  That’s my idea of smooth operation: YES-MEN!  Now it’s YOUR TURN to keep smooth operation in Ogden.  If you vote for MY people, I won’t have to SPUR anybody into obedient compliance with my edicts!  The people I suggest below are ALREADY TRAINED to do what I want! 

Kick In, You Suckers!  HAHAHAHA!

But first, if you have any friends in surrounding cities, you know that Ogden City water bills have been jacked up so high, they SOAR above the rest!  Maybe you’ve wondered why?  Well, it turns out that for every $1 of water money that comes in, 17¢ comes straight to the general fund, i.e. to ME!  You know how hard it is to raise TAXES around here?  Well, who needs all that STRESS!  I just get the elected nitwits to raise the WATER BILLS and I get 17% of that extra money, and NOBODY complains!

A few years ago, we put in a new water tank at the top of 36th Street that is FIVE TIMES as big as the STATE ENGINEERING standards said we needed.  Why so big? Because I got, and continue to get, 17% of all that WASTEFUL SPENDING!

And take my LATEST SCHEME!  We got the city to BORROW $20 million we didn’t even NEED in the water fund!  Then, we put the money RIGHT BACK into the BANK, along with the $30 million that was ALREADY THERE!  Next, we raised water bills to pay the INTEREST!  Right off, I get 17% of those higher water bills!  Then, we paid hundreds of thousands of dollars in fees to the bankers and consultants who came up with this SCAM! 

And that’s not even the BEST PART!  Once the new city council gets seated, we’ll wait a little while, and go “HEY!  Guess WHAT!  We just DISCOVERED $50 million in the BANK that we must have SAVED due to our incredible EFFICIENCY!!  So how about we use that money for some NEW PUBLIC BUILDING we NEED!  It’ll be like getting the new public building for FREE!  You can tell all your VOTERS how GOOD of a job you are doing!” 

HAHAHAHAHA!!!  The city council will be bleeding you people dry and kissing both sides of my butt for making them look so good!  It’s easy as PIE I tell ya!  Easy as PIE!  HAHAHAHAHA!

Ok, I had to stop and take a pill.  My doctor told me not to get so hyperventilated at work.  Ok, take a breath, N. Mark.  Take a breath.  That’s better.  Well, here are my recommendations.

At Large Seat B

VOTE FOR! Bart Blair

Bart Blair
Bart Blair came to office four years ago from the oil industry.  Actually, he was a GAS STATION CLERK … at his DAD’S gas station!  You can still buy your beer and cigarettes from him most weekdays at Blair’s Chevron here in town.  It was this level of skill and experience that landed him the position he currently holds of Ogden City Council CHAIRMAN!

HAHAHAHA!  Yeah, RIGHT!  Actually, I got him that job MYSELF!  You see, Bart came to office a young, na├»ve little boy, and I turned him into the rapidly-aging, reflexive BUTT KISS that he is today!  This guy NEVER votes against the bureaucrats.  He’s been raising your water bills the whole time he’s been in office!!  Vote this guy back in!!!!

VOTE AGAINST! Courtney White

Courtney White
This candidate, Courtney White, is the most blatant case of FALSE ADVERTISING I’ve ever SEEN!  The guy’s name is WHITE, but he’s OBVIOUSLY a MEXICAN!

Taking a page from the former mayor’s playbook, do you really think more Mexican markets, gangs and graffiti is what this city needs!  Come on! Get serious!

But if that’s not bad enough, this guy is a free enterprise NUT! He DOESN’T LIKE the millions of dollars this city hands out to our FAVORED CRONIES each year!  Courtney believes in imaginary, non-existent things, like unicorns, elves, and the free market in Ogden!  He’s against all our corporate welfare and payoffs, and wants to CLEAN it all UP!  One of my golfing cronies said he doesn’t have a problem with having a Mexican CLEAN something UP, but NOT like THIS!!  Hey, this election, do ME a favor and make sure COURTNEY WHITE’S political career is ALL WASHED UP!

Wards 1 & 3

VOTE FOR!  Neil Garner and Doug Stephens

Garner & Stephens
These two fine men, Neil Garner and Doug Stephens, have been painstakingly trained to do what I want, and they ALWAYS do what I SAY!! 

These are your INCUMBENTS!  They’ve been raising your water bills reliably.  And you people on secondary water – they voted in a scheme to JACK your rates EVEN HIGHER than EVERYONE ELSE! 

Yeah!!! Both of these guys came into office as intellectual lightweights.  And now, if you’ve ever met them, you know that after years in office they are so addled they can hardly chew gum.  But they have enough function left to nod “yes” when the vote comes.  YES!!  YES!!!  Reward these men for jacking up your water bills and making me a happy man!!  Re-elect them!!! 

VOTE AGAINST!  Pamela Stevens and Turner Bitton

Stevens & Bitton
These people, Pamela Stevens and Turner Bitton, are new.  They are down to earth.  They listen.  They want to serve the public good.

For Pete’s sake DON’T vote for people who are THAT IRRESPONSIBLE!   I know what the city needs, not YOU!  Please, please, please DON’T vote for these people!

At Large Seat A

PICK ONE YOURSELF!  Marsha White or Stephen Thompson

White & Thompson
I haven’t had time for my city bureaucratic gnomes to find out about these people, Marsha White or Stephen Thompson, so I can’t say who will be the most dutifully servile to the needs of the CITY, and by that I mean servile to the needs of ME!!!!

But I do know that Marsha White has gotten a truckload of money from the REALTOR association, some of our most reliable CRONIES!  So judge THAT for yourself!

In conclusion, remember that I make at least 3 times the median income of the rest of you SUCKERS not counting all my PERKS!  So I’m smarter than you, and I KNOW what YOU NEED!  Remember, vote YES for ever-increasing rates and fees!  Vote YES for Ogden City, by voting for MY candidates on NOVEMBER 5th!

Update 10/25/13 8:00 a.m.: I cracked the whip at my gnomes and they FINALLY did a little research on those two nobodys running for At Large Seat A (soon to be vacated by that dimwit Susie who sounded kinda scary when she campaigned but has ended up being putty in my hands). What the gnomes discovered is this...

Marcia White used to be on the board of a liberal terrorist organization called Equality Utah that wants EQUAL RIGHTS for all the LGBT folks. Now personally I don't care one way or the other about the queers but I get queasy when I think of council members who might have their own agenda -- any agenda!

Anyhow, I can probably live with White's agenda but NOT with Stephen Thompson's agenda which is WORKER'S RIGHTS!!! He's a former FIREFIGHTER, for cryin' out loud! That means he'll want more pay and decent working conditions for ALL the firefighters, and undoubtedly the cops too, and maybe even the garbage collectors and ditch diggers and office clerks. And MORE dough for all those dumb city slaves means LESS dough for me and my loyal bureaucrats! Not to mention the developers and construction contractors and real estate speculators who are always SO VERY NICE to me whenever they come up to my office and we close the door and share our mutual appreciation.

SO, kids: DON'T vote for Stephen Thompson! Hold your nose if necessary and just vote for Marcia White, whose last name stands for keeping the money where it belongs, in the hands of us WHITE COLLAR bureaucrats!

Tuesday, October 22, 2013

Town Hall Meeting Tonight: Reclaiming The Promise of Education

High time for Ogden citizens to "huddle up" and "line up their ducks"

For those Ogden lumpencitizens concerned about the disastrous condition of our Ogden School System (and who isn't?), we're pleased provide a heads-up concerning this evening's American Federation of Teachers (AFT Utah) sponsored Town Hall meeting in Ogden, wherein the public is invited to participate in a discussion of "working together as communities to support our neighborhood schools":
Here are the space-time coordinates:

Date: Tuesday, October 22, 2013
Time: 6:00 - 8:00 p.m.
Place: Mount Ogden Junior High School
3260 Harrison Blvd. Ogden, Utah

Tonight's event will be a very important step forward for Ogden public education; so we do hope you can all work this into your calenders.

With the next School Board election coming up in a little over a year, it's high time for steely-eyed Ogden citizens to "huddle up," plot tactics and strategy, and otherwise "line up their ducks," don'tcha think?

Monday, October 21, 2013

Election Signups End "Monday," Voting begins "Tuesday"

Nope.  Pre-election voter registration ends @ 5 p.m. today

Quick reminder from the Trib for those folks who'd like to vote in the 2013 Utah Municipal elections:

Monday [today, 10/28/13] is the last day for Utahns to register to vote in city elections on Nov. 5.
Lumpenncitizens with a current Utah driver license or state identification card may register in person at their county clerk’s office or online at vote.utah.gov, according to the Salt Lake Tribune.
"If you snooze, you lose," as the old saying goes.

Sorry, folks. We can't "esplain" the Trib's vague story and possibly deceptive headline.

The true  story?  Voter registration for the 2013 Elections ends today. And yes, we've confirmed that with the Weber County Clerk's office.

If you're not yet registered to vote, you can prepare to fulfill your minimal "Civic Duty," today, folks.

Just another helpful pre-election tip from your Old Pal, Rudi.

Salt Lake Tribune Op-Ed: ‘Count My Vote’ Is The Elixer for Utah’s Narrow-Interest Politics

Keep your eyes on the ball, O Gentle Ones. Achieving full participatory democracy is a palpable possibility -- even in Utah -- as David Irvine so eloquently reminds us this morning
We all learn in high school civics classes that government of, by and for the people means that when a majority of the voters don’t like the policies of our elected officers, we can replace them via the ballot box. That rosy theory quickly disintegrates, courtesy of two anti-majoritarian subversions of the Lincolnian ideal.
The first is gerrymandered congressional and legislative districts that have made 85 percent of congressional and legislative districts (in Utah) non-competitive, single-party districts; where what happens in November is more of a coronation than election, because the dominant-party candidate will nearly always win (Rep. Jim Matheson is a unique exception).
Second is the caucus/convention system with which Utah is saddled, and which turns the real decisions about who will be elected over to fewer than 1 percent of our 2 million voters. The rest of Utah voters are then stuck with those decisions.
David Irvine Op-ed, Salt Lake Tribune
Oped: ‘Count My Vote’ is the elixer for Utah’s narrow-interest politics
October 19, 2013

Delegates, party insiders, incumbents, and those who fear majority rule are not about to turn over control of who gets elected to the electorate at large. Utahns will be treated to a year’s worth of stories about the sky falling. Opposition will be framed in terms of preserving grassroots democracy, or keeping politics from becoming a rich man’s game. But the most insidious argument of all is this: "Delegates spend the time to become better informed about the candidates than anyone else."
Run for the exits when you hear that one.
What it really means is, "We’re doing you a favor by substituting our judgment and political goals for yours; we know better than you, and you’re not to be trusted to vote wisely." And that, frankly, is a crock.
David Irvine Op-ed, Salt Lake Tribune
Oped: ‘Count My Vote’ is the elixer for Utah’s narrow-interest politics
October 19, 2013

Humdinger of an Guest Op-ed piece in Saturday's Tribune, by Salt Lake Attorney and former 4-term GOP Utah House Representative David Irvine:
Even in Utah?
As the democracy-minded folks from Count My Vote prepare to take their citizens initiative petition to the streets, and Utah lumpencitizens stand on the brink of prying the Utah political nomination process from extremist factions like the Eagle Forum, the Sutherland Institute and their fellow radical anti-democracy ilk, these opponents of direct primary democracy will be working like demons to subvert the fundamental principle of "one man, one vote," in their effort to hijack the public discussion and hoodwink the lumpencitizens with the usual self-serving, spam-style disinformation.

Keep your eyes on the ball, O Gentle Ones. Achieving full participatory democracy is a palpable possibility -- even in Utah -- as David Irvine so eloquently reminds us this morning.

Sunday, October 20, 2013

Utah Supreme Court Throws Out Ogden Gang Injunction

When it comes to personal liberty, it's encouraging to observe a Utah Supreme Court which will not tolerate "shortcuts."

No Shortcuts
Blockbuster news from the Salt Lake Tribune and the Standard-Examiner, as the Utah Supreme Court summarily guts Weber County Attorney Dee Smith's signature anti-liberty, anti-gang law enforcement injunction "masterpiece":
By way of overview, folks, Friday's decision involved two "consolidated" cases. The first was a direct appeal from an injunction entered against Ogden Trece, Ogden's notorious criminal street gang. The second was a petition for an extraordinary writ brought by three alleged Trece members who were personally served with the injunction.

And here's what the court decided, wherein we'll liberally incorporate the language of the court ruling, with the unsightly "legal citations" omitted, and "emphasis (occasionally) added," just for clarification and simplification:

1) The Court lacked appellate jurisdiction, because the so-called individual Appellants (Roman Hernandez, Chase Aeschlimann, and Jesse Aeschlimann) were not real parties in interest to this lawsuit. "Since none of the so-called appellants were parties to the case, they are not entitled to an appeal as of right. Under applicable rules, it is the service of process, the affirmative act of filing suit, or the act of seeking to intervene as a party that subjects one to the jurisdiction of the court and puts him on notice that he is subject to ongoing court proceedings.” Mere notice of or appearance in proceedings is not enough. Even though the district court allowed the so-called appellants to be heard, they were not named parties and never filed motions to intervene. They were therefore not entitled to appeal and we lack appellate jurisdiction over the appeal." In Short, it was the Trece Gang which was named in the original lawsuit, and not any of these individual litigants.

2) The court did have jurisdiction to consider these individuals' Petition for an Extraordinary Writ, in order to clarify their legal rights with respect to the permanent injuction. These individual Petitioners "filed a petition for extraordinary writ directly with this court. Pursuant to the Utah Constitution, we have “original jurisdiction to issue all extraordinary writs.” This is the proper vehicle by which nonparties to a lawsuit may challenge a district court’s order. A petition for extraordinary writ filed with the appellate court provides an adequate remedy in light of the appellate court’s obligation to give due regard to principles of due process.” Thus, we have jurisdiction to consider their petition and turn to the merits of their claims," the Court said. Inasmuch as these three individual Petioners arguably suffered "wrongful restraint on personal liberty" so long as the subject injunction remained in effect, they were well within their rights to seek relief through the Utah Supreme Court.

3) Trece is an unincorporated association which is amenable to suit."...Trece transacted its business under a “common name” under rule 17(d). Because Trece (1) transacts business (2) under a common name, it is an unincorporated association amenable to suit." So technically, the Ogden Trece gang can be sued and enjoined, theoretically at least, provided our Weber County Attorney isn't too lazy to do the necessary footwork.

4) Trece was not properly served with process.  The devil's in the details when purported service of court papers occurs through publication, rather than direct service, of course.  "The party seeking to effectuate service through publication must exercise reasonable diligence in attempting to identify and then personally serve an officer or managing or general agent or his equivalent. At no time during the [original court] hearing did the County make any assertions that it had exercised reasonable diligence in attempting to identify or serve an officer or a managing or general agent of Trece," the court held. So far, at least, it seems the Dee Smith and his crack crew of "legal eagles" have so far adopted "the lazy" approach.

5) No attorneys fees for the Petitioners' attorneys."Petitioners have failed to articulate any argument or cite to any authority supporting their entitlement to an award of attorney fees when a permanent injunction is vacated. We accordingly deny their request for fees."

There you have it, O Gentle Ones.  Easy as pie, innit? From the point of view of Weber County Attorney Dee Smith, it's now back to the drawing board, we suppose.

For those WCF readers who'd like roll up their sleeves and dive into the "original" source material, here's a handy SCRIBD embed of the Full Utah Supreme Court decision:


When it comes to personal liberty, it's encouraging to observe a Utah Supreme Court which will not tolerate "shortcuts."

The floor's open for you comments.

Don't let the cat get your tongues.

Saturday, October 19, 2013

Weber State Football Game Day Special: WSU v. Montana State

We know of course what "true" Weber State gridiron fans will be doing this afternoon -- that's right, sitting in the stadium, decked out in purple

It's game day on the Weber State campus, where our  Weber State Wildcats (1-6, 0-2 Big Sky) will host their first home game in three weeks versus their Big Sky Conference opponent, the Montana State Bobcats (4-2, 2-0) in this afternoon's gridiron contest. Kickoff is set for 3:30 p.m. at Stewart Stadium. The beleaguered WSU Wildcats certainly have their work cut out for them for their seventh week running. "In addition to their current six-game losing slide, the Wildcats have lost 10 of their last 11 games against the Bobcats and haven't beaten them at Stewart Stadium since 1996," the Standard's Roy Burton grimly reports in this morning's pregame writeup:
With former University of Montana coach Robin Pflugrad now serving as Weber State’s first-year offensive coordinator, the Billings Independent Record provides a story with that "local" twist, at least for Montanans:
And sadly, the  Las Vegas oddsmakers provide no pre-game solace, with the Wildcats installed as 26-1/2 point underdogs:

Click to enlarge image
 
Catch the real-time live streaming audio, Wildcats faithful, whether you make it to the game or not:
GO WILDCATS!
Cable subscribers who don't have the "true grit" to get to the stadium on a day that's shaping up with great football weather, can of course watch the game on the Roots Sports Network.

We know what "true" Weber State gridiron fans will be doing this afternoon. That's right, sitting in the stadium, decked out in purple, to be sure.

Ok, Wildcat fans, repeat after us:

Miracles can happen... GO WILDCATS!

Update 10/19/13 5:04 P.M.: Score at the end of the half, MSU 19, WSU 10.  Lookin' at the bright side, it ain't half as bad as it looks at this early juncture, as both the WSU offense and defense are playing well... and WELL, the game's only half over.

Update 10/19/13 7:01 P.M.: Final Score: MSU 34, WSU 16.  So taking into account the contractual landscape, it's time to at least consider hiring a new WSU head coach, don'tcha think?

Update 10/20/13 6:45 a.m.:  Roy Burton provides the post-game story:

Friday, October 18, 2013

Meyerson: Tea Party Seeks to Purge GOP "RINOS" (So Called)

Moderate Utah Republicans, please take note -- Time to take corrective action, while you still can
Like the Stalinists and the Jacobins, today’s tea party zealots have purified their movement — not by executing but by driving away those Republicans who don’t share their enthusiasm for wrecking their country if they can’t compel the majority to embrace their notions. Today, there are fewer but "better" Republicans — if "better" means adhering to the tea party view that a United States not adhering to tea party values deserves to be brought to a clangorous halt.
Salt Lake Tribune Op-Ed
Meyerson: Tea party seeks to purge GOP
October 17, 2013

If anything illustrates just how far today’s Republicans have drifted from their traditional moorings, it’s the dismay with which their longtime business allies have greeted their decisions to close the government and threaten default. Such pillars of the Republican coalition as the U.S. Chamber of Commerce, the National Association of Manufacturers and the National Retail Federation have called for an end to the shutdown and an increase in the debt limit. Bruce Josten, the chamber’s executive vice president for government affairs, told The Washington Post last week that his organization is considering backing primary challenges to tea party incumbents.
Salt Lake Tribune Op-Ed
Meyerson: Tea party seeks to purge GOP
October 17, 2013

Today’s tea party-ized Republicans speak less for Wall Street or Main Street than they do for the seething resentments of white Southern backwaters and their geographically widespread but ideologically uniform ilk. Their theory of government, to the extent that they have one, derives from John Calhoun’s doctrine of nullification — that states in general and white minorities in particular should have the right to overturn federal law and impede majority rule.
Salt Lake Tribune Op-Ed
Meyerson: Tea party seeks to purge GOP
October 17, 2013

First rate Herald Meyerson (Washington Post) op-ed, via the Salt Lake Tribune:
Moderate Utah Republicans, please take note.

Time to take corrective action, while you still can, to avoid landing the Grand Old Party (GOP) in the dustbin of history.

On a local level, passage of the now-pending Count My Vote Initiative, and eliminating the current Utah right-wing extremist caucus/nomination system stranglehold would be a great start, or so it seems to us.

Thursday, October 17, 2013

Standard-Examiner: Default Avoided, Shutdown Ends, But Anger Lingers - Updated

Sodden question: Was Cruz, Mike Lee's shutdown quest a fool's errand?

The Standard reports on last night's bi-partisan "deal," whereby our U.S. Congress pulled a rabbit out of its hat and voted to reopen and fund the government into January:
The Washington Post reports on the respective Senate and House votes:
The Senate voted on a bipartisan bill to reopen the government and extend the debt ceiling. The final tally was 81-18.
The House voted to end the government shutdown and raise the debt ceiling late Wednesday night, by a final tally of 285-144.
    A Weber County Forum Tip of the Hat to the following Utah-based federal legislators, who demonstrated the maturity and wisdom to place the best interests of this country ahead of political expediency, by voting in favor of the compromise bill:
    Notable among the Congress-critters who voted against the last-minute "deal" were the following members of our Utah congressional delegation:
    With a federal general election coming up in another relatively short 12-1/2 months, we'll assume that our ever-savvy and politically-wonkish WCF readers will write this info down so the don't forget it.

    And via the Standard-Examiner, we'll raise the sodden question:
    (Hint: the correct answer is "yes.")

    So what about it O Gentle Ones?  Is your blogmeister the only one who's feeling "warm and fuzzy" this morning?

    Update 10/18/13 4:23 a.m.: the Trib chimes in this morning with this top-flight editorial
    This handy graphic scorecard displays the final results:

    Tuesday, October 15, 2013

    Standard-Examiner: Downtown Ogden to See 128-unit Complex in 2 Years

    A million bucks from the O-town sheeple... for temple workers???

    By Smaatguy

    From this morning's Mitch Shaw story:
    OGDEN -- Another large set of new apartments will be built in downtown Ogden within the next two years.

    The city council has approved an agreement between the city and IDG Horizons Development to bring a $15 million, 128-unit apartment development to the northeast corner of 23rd Street and Washington Boulevard, directly across the street from The Junction...

    As part of the agreement, Ogden will pay IDG Horizons 100 percent of available tax increment generated by the development until December 2030.
    Another taxpayer "haircut"
    Read up:
    More subsidies....a million bucks from O-town sheeple.... for temple workers???

    Sheesh!

    They cant fill the empty apartments that are there now above Deseret Book...

    Comments?

    Monday, October 14, 2013

    Sunday Funnies: Utah Senator Mike Lee Skips Church Services to Stage a Photo Op - Updated

    "Power to the People," sez shutdown co-conspirator Senator Mike Lee

    With his Utah polling numbers slipping, Tea Party Senator Mike Lee skipped his LDS church services on Sunday, and hooked up with his cronies Sarah Palin, Ted Cruz and a handful of easily manipulated U.S. military veterans to stage a high profile photo op:


    Read the full Salt Lake Tribune story:
    "Power to the People," sez shutdown co-conspirator Senator Mike Lee.

    Quick, O Gentle Ones! Can anyone amongst our vast collection of ever-savvy Weber County Forum political wonks explain what's wrong with this picture?

    This will be on "the test." of course.

    Here are a few helpful hints to add to your crib-sheets:
    Update 10/14/13 7:19 a.m.: Oh; and here's another relevant one, inasmuch as this whole story involves a purported U.S. military veteran protest:
    Update 10/15/13 8:00 a.m.: The Trib's Paul Rolley reports that the tea party shutdown co-conspirators within Utah's congressional delegation are suddenly missing in action:
    "Lee appears to be cracking from the pressure of the mounting anger toward him. His communications director, Brian Phillips, told a reporter for the Deseret News that not only would Lee not comment about recent polls showing the senator’s approval rating sinking fast, but also Lee would not grant an interview if the reporter even broached the subject. By speaking only with Fox News, Glenn Beck and others media types who encourage them and avoid weightier questions, such Republicans in Congress live in an echo chamber and have lost touch with average Americans," Mr. Rolly speculates.

    Go figure:
    Have at it, O Gentle Ones... 

    Sunday, October 13, 2013

    Standard-Examiner: Ogden Election Candidates Excited About Ogden City's Future

    Eight Ogden City Council incumbents and challengers seemingly stand up for "motherhood and apple pie"

    It's with some reluctance that we direct our readers' attention to this morning's Standard-Examainer story, a factually "thin" virtual puff-piece, boiling down eight (count'em 8) Ogden City Council candidates' campaign platforms to a couple of brief paragraphs per candidate, wherein each incumbent and challenger seemingly stands up for "motherhood and apple pie," as one ever-savvy Ogden City political wonk wryly remarks.
    Adding insult to injury,  Council At-Large "B" candidate Courtney White, a candidate of the "libertarian" political persuasion, justifiably complains he's not only been misquoted, but that the quotes attributed to him run just exactly opposite of his philosophical beliefs.
    I think you used Marcia L. White's quote as mine. I think we need to stop using business incentives, and instead need to have a fair business climate for all of Ogden's businesses, new and old.
    I'll expect a retraction.
    Courtney Jon White.
    EDIT:
    I could have misspoke in the interview. I do support small business, but not with incentives. I simply think it's wrong to ask small businesses to pay taxes while their new to the city competition is given tax breaks.
    Click to enlarge image
    Sad state of affairs for Standard-Examiner reporting, where a mere three weeks preceding the November 5 Ogden Municipal election, this is the only 2013 Ogden City Municipal Election story which our home town newspaper has seen fit to publish relating to these important Ogden City Municipal races, aside from one concerning the "ever-important"  urban chicken-ranching issue, of course.

    And even at that, SE reporter Mitch Shaw can't get the story right.

    In that connection, we'll again refer our readers to our right sidebar 2013 Ogden City Election module, where we've compiled and [posted a robust collection of web links and articles, concerning the campaign endorsements, platforms and political views of all eight candidates, which online "feature" even now seems to be the only 2013 Ogden Municipal Election resource for those prospective voters who don't wish to rely upon the Standard's heretofore lackluster reporting.  For starters, try this link:
    Click the rest of the links in our right sidebar module to learn more.

    We hate to criticize S-E reporter Mitch Shaw, who usually does a pretty good job with his reporting.

    We suppose he had a "tight" deadline to make.

    Standard-Examiner Book Release Special: "25th Street Confidential" - A Twenty-Fifth Street Tell-All

    We do hope you'll all work one of these book-signings into your busy calenders

    Hot off the press
    We're delighted to call our readers' attention this morning's top-notch Standard-Examiner feature piece, wherein the Standard's Becky Wright lavishly touts long-time Weber County Forum reader Val Holley's new book, a labor-of-love which Weber County native Val has been feverishly researching for the past couple of years. Val's "25th Street Confidential" rolled off the presses this week; and Val will accordingly be visiting Ogden And Salt Lake City later in the week, to promote his latest literary achievement.

    For starters, though, here's this morning's enticing Standard-Examiner writeup, via the Digital  Edition. Read up, folks:
    We're also pleased to provide this helpful thumbnail overview, via Val's publisher, the University of Utah Press:
    Generations of Ogdenites have grown up absorbing 25th Street’s legends of corruption, menace, and depravity. The rest of Utah has tended to judge Ogden—known in its first century as a “gambling hell” and tenderloin, and in recent years as a degraded skid row—by the street’s gaudy reputation. Present-day Ogden embraces the afterglow of 25th Street’s decadence and successfully promotes it to tourists. In the same preservationist spirit as Denver’s Larimer Square, today’s 25th Street is home to art galleries, fine dining, live theater, street festivals, mixed-use condominiums, and the Utah State Railroad Museum.

    25th Street Confidential traces Ogden’s transformation from quiet hamlet to chaotic transcontinental railroad junction as waves of non-Mormon fortune seekers swelled the city’s population. The street’s outsized role in Ogden annals illuminates larger themes in Utah and U.S. history. Most significantly, 25th Street was a crucible of Mormon-Gentile conflict, especially after the non-Mormon Liberal Party deprived its rival, the People’s Party, of long-standing control of Ogden’s municipal government in 1889. In the early twentieth-century the street was targeted in statewide Progressive Era reform efforts, and during Prohibition it would come to epitomize the futility of liquor abatement programs.

    This first full-length treatment of Ogden’s rowdiest road spotlights larger-than-life figures whose careers were entwined with the street: Mayor Harman Ward Peery, who unabashedly filled the city treasury with fees and fines from vicious establishments; Belle London, the most successful madam in Utah history; and Rosetta Ducinnie Davie, the heiress to London’s legacy who became a celebrity on the street, in the courts, and in the press. Material from previously unexploited archives and more than one hundred historic photos enrich this narrative of a turbulent but unforgettable street.
    As set forth in Ms. Cairns' article, Val will be in town conducting book-signings between October 18 and October 23, at various convenient local venues, which we'd characterize as must-attend events for Ogden City history buffs:

    Standard-Examiner 10/13/13

    If for some reason you can't make it to any of these events (maybe a broken leg, or something like that,) Val's book is also available online from the University of Utah Press, (and Amazon.Com,) of course.You'll also find the latter link in our WCF left sidebar.

    Your blogmeister will of course be adding this new historical tour-de-force to his own Ogden City history library, and we trust that all other self respecting Ogden history wonks will follow suit. We do hope you'll all work one of these book-signings into your busy calenders however, as Val is an Ogden-lover second to none, and a bright, witty and congenial fellow, with whom a face-to-face meetup ought to be on every fellow Ogden-lover's bucket list, wethinks.

    Saturday, October 12, 2013

    Weber State Football Game Day Special: WSU v. Cal-Poly SLO

    “The past does not equal the future,” says Weber State Coach Sears, "knockin' on wood"

    Our indefatigable WSU Wildcats football squad (1-5, 0-2 Big Sky) hits the road again and travels west to San Luis Obispo, California this evening, for tonight's gridiron battle with Cal Poly Mustangs (2-3, 1-0). Kickoff's set for 7:00 p.m. (MT) at Alex G. Spanos Stadium.

    We've gathered up the pre-game stories from the Standard-Examiner and the San Luis Obispo Tribune:
    I looks like the 'Cats still have their work cut out for them again tonight, if we're to believe the Vegas line and odds, which have the 'Cats installed as 28-point underdogs:

    Click to enlarge image
    The good news?  Weber State "gets more help" tonight, "with senior center Tyson Tiatia and senior kicker Shaun McClain [having been] reinstated this week after a six-game academic suspension. Both will return to starting roles," according the this earler Standard-Examiner story:
    Catch the real-time live streaming audio and video here, Wildcats fans:
    Can the Wildcats pull a rabbit outta their hats tonight and finally put a win in their big Sky Conference record column?  “The past does not equal the future,” says Weber State Coach Sears, "knockin' on wood."

    Read more here: http://www.sanluisobispo.com/2013/10/11/2729435/walsh-confident-in-graves-as-cal.html#storylink=cpy

    We guess we'll soon find out.

    Repeat the mantra, WSU fans: Go Wildcats!

    Update 10/12/13 9:45 p.m.: Final, Final... Cal-Poly 47, WSU 0. Ugh!


    Lookin' at the bright side, local college football fans... the Utah Utes beat #5 Stanford @ Rice-Eccles Stadium 27-21! First Ute win @ home over a top 5 team EVER!!!

    Update 10/13/13 6:30 a.m.:  The Standard's Roy Burton provides the post-game story:
    Looks like the 2013 team is destined for the record books.

    Friday, October 11, 2013

    Breaking: Veteran Reporter Cathy McKitrick Returns to the Standard-Examiner

    Welcome back to O-Town, Ms. McKitrick!

    By: The Cathy McKitrick Fan Club

    Fantastic news for Ogden political wonks, as we learn this morning that Cathy McKitrick, a diligent and skillful reporter on the topic of "all things Ogden," after 8 years reporting for The Salt Lake Tribune, has "returned to her roots at The Standard-Examiner, covering Weber County and whatever else comes her way."   Here's the full skinny, cheerfully gleaned from Cathy's Facebook page:
    FB friends, many of you responded so wonderfully when I let you know I'd been laid off from The Salt Lake Tribune on Sept. 12, 2013. (The words of encouragement helped me through a rough patch) So now I need to tell you I'm back reporting for the newspaper that gave me my start — the Standard-Examiner. Today was my first day back in the Ogden newsroom where I cut my journalistic teeth from May 2000 to May 2005. Right now I'm covering Weber County and whatever surprises come my way. You can still find me on Twitter at @catmck, or email at cmckitrick@standard.net. And every now and then I'll come up for air on Facebook.
    With the recent departure of Ace reporter Scott Schwebke to his new gig with the Orange County Register, it's great to know that the ever-Ogden savvy Ms. McKitrick will be back in harness, capably "filling the gap" and covering "the Weber County/Ogden Beat," Yes?

    Welcome back to O-Town, Ms. McKitrick!

    "Carpe diem," Standard-Examiner management!

    Thursday, October 10, 2013

    Ogden Woman Makes Citizen’s Arrest Against Theft Suspects

    Sodden reminder: Average Joes shouldn't attempt a citizens' arrest, unless they know exactly what they're doing

    At risk of coming off as "late to the party," we'll highlight these uplifting stories from the Standard-Examiner and Fox News 13, who report on a situation which unfolded Sunday afternoon on Ogden's Two-Five Drive, as two 25th Street business owners engaged in a little "self-help," and "took a bite out of crime":
    OGDEN -- After a weeks-long social media effort and a few close calls, CJ Bovee finally earned what she called vindication.
    The owner of Sock Monkey'n Around Antiques on 25th Street, Bovee was victimized last month when two men and a woman allegedly stole an antique bracelet from her store. But on Sunday, Bovee turned the tables on the alleged perpetrators, when she and a friend took them into custody in a citizen's arrest:
    Here's the video story, from the Fox News website:


    Charlie Trentelman devotes some electronic ink to this story too:
    Charlie aptly notes that "making a citizens' arrest is a dicey thing;" and he's right.  Here's the possible "downside" of taking the law into your own hands, straight from Salt Lake Criminal Defense Attorney Clayton Simms' website:
      A citizen’s arrest is an arrest made by someone who is not a law enforcement official.  In Utah, you are allowed to make a citizen’s arrest when a crime is committed or attempted in your presence, or when a felony is committed and the citizen has reasonable cause to believe that the person they want to arrest committed the felony.
      However, just because Utah gives a citizen the right to make a citizen’s arrest, it does not mean that citizens should be assisting law enforcement all the time.  A person making a citizen’s arrest could expose himself to possible lawsuits by the arrestee or criminal charges if the arrest was done improperly (assault, false imprisonment, kidnapping, or wrongful arrest).
      Consider what happened to a man who tried to make a citizen’s arrest of Governor Herbert while he was running for Lieutenant Governor in 2004.
      U.C.A. § 77-7-3: Arrest by Private Persons;
      A private person may arrest another: (1) For a public offense committed or attempted in his presence; or (2) When a felony has been committed and he has reasonable cause to believe the person arrested has committed it.
      As noted in the Fox News story, Cindy's a Utah Bail Enforcement licensee, who's had special training, and taken her fair share of criminal fugitives into custody in her lifetime.  In other words, this is a special case, meaning that you average Joes shouldn't attempt a citizens' arrest, unless you know exactly what you're doing.

      Interesting side note: this is the second  time within recent memory that we've reported about self-help apprehension by a 25th Street business owner of  a criminal on Two-five Drive, lending credence to the notion that "criminals always return to the scene of the crime," and bolstering the accuracy of Ms. Simones' newly-coined motto: "Don't mess with 25th Street," not to mention Cindy's own, personal "street cred."

      Tuesday, October 08, 2013

      Breaking: Herbert Picks State Rep. Spencer Cox As New Lieutenant Governor

      GOP "moderate" Gary Herbert  appoints another political "moderate" to the Utah Lt. Governor Post

      Amidst a all the WCF-sponsored  hullabaloo, and on the heels of way too much silly Utah media speculation, here's the latest good news for Utah GOP moderates, and a kick in the head to the science denying, religious wacko GOP Utah Tea-party corporo-fascists, as they watch in awe, whilst  Governor Gary, the "bane" of  Utah Right Wing  wackos, appoints another fellow  GOP "moderate" to the second most powerful Utah executive government position, and decides to fill the soon-to-be-vacant Utah Lt. Governor post with a fellow Utah Non-tea Party moderate:
      This is one Lt. Gubernational appointment which we'll be loving to watch, as the Utah GOP tea-party nitwits, and other wackos in the Utah religiouislature ultimately decide whether to approve this
      GOP "moderate" appointment.

      No doubt about it.  The progress of this appointment-pending will be interesting to watch.

      Sunday, October 06, 2013

      Standard-Examiner: Ogden Sells Lots to Kick-start Inner-city Housing Development

      Now's your chance to play the role of Ogden City urban planner for a day

      One of our thoughtful WCF readers asks this question:

      "What do you think of the city's plan to put single-family homes on this property just a block from 25th Street. Shouldn't we be promoting higher density within walking distance of a major transit corridor?"

      Here's this morning's Standard-Examiner writeup:
      "The block is currently populated with homes around its perimeter but is virtually vacant through the center," according to the Standard-Examiner reporter Mitch Shaw.

      And to verify that statement, we've provided the Google Earth "bird's-eye" project view:

      2300 Fowler Avenue Infill Project

      What say you, folks?

      Higher density housing might be something to contemplate, since a nascent Ogden Street Car project still remains on the transportation planning back-burner, or so it seems to us.

      Now's your chance to play the role of Ogden City urban planner for a day.

      And yes, this will be on "the test."

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