Preview
1 JOHN C. BEIERS, COUNTY COUNSEL (SBN 144282)
By: John D. Nibbelin, Chief Deputy (SBN 184603)
2 By: Glenn M. Levy, Deputy
Hall of Justice and Records
6'loor
(SBN 219029)
FILED
SAN MATEO COUNTY
3 400 County Center,
Redwood City, CA 94063
FE 1
4 Telephone: (650) 363-4757 2013
I
Facsimile: (650) 363-4034
5
Qle 0
for Respondent By
Attorneys
6 MARK CHURCH, SAN MATEO COUNTY
ASSESSOR-COUNTY CLERK-RECORDER &
7 CHIEF ELECTIONS OFFICER
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
IN AND FOR THE COUNTY OF SAN MATEO
12
MARSHALLKETCHUM, an individual, Case No. CIV 519693
13
Petitioner, DECLARATIONOF DAVIDM. TOM IN
14 SUPPORT OF WRIT RESPONSE
vs.
15 Date: February 14, 2013
MARKCHURCH, in his capacity as COUNTY Time: 9:00 a.m.
16 CHIEF ELECTIONS OFFICER & ASSESSOR- Dept: 28
COUNTY CLERK-RECORDER OF THE COUNTY
17 OF SAN MATEO, CALIFORNIA
18 Respondent.
19
MICHAELALIFANO, DOUG MACKINTOSH and
20 GARY RIDDELL,
21 Real Parties in Interest.
22
23
24
25
26
27
28
Case No. CIV 519693
DECLARATIONOF DAVIDM. TOM IN SUPPORT OF WRIT RESPONSE
DECLARATION
2 I, David M. Tom, declare as follows:
3 1. I am currently the Deputy Assessor-County Clerk-Recorder, Elections Division Manager,
4 for the County of San Mateo (the "County"). I am submitting this declaration in support of the Response
5 of Respondent Mark Church, Assessor-County Clerk-Recorder & Chief Elections Officer, to Writ
6 Petition, filed concurrently with the declaration in the above-captioned action. Unless otherwise
7 indicated, I know the facts stated below of my own personal knowledge, and ifcalled upon to do so, I am
8 competent to and would testify about them under oath.
9 2. I have held the position of Deputy Assessor-County Clerk-Recorder, Elections Division
10 Manager, for twelve (12) years, and prior to that I served as Deputy Assessor-County Clerk-Recorder,
11 Business Division Manager (not related to Elections) for three (3) years. My duties as Elections
12 Division Manager include supervision of the County Elections Division in conducting federal, state,and
13 local elections throughout the year within the County of San Mateo. This includes managing the staff of
14 the San Mateo County Elections Division, and in relation to those duties I am kept advised of all aspects
15 of the elections process.
16 3. I am familiar with the recall elections scheduled to occur in relation to three sitting
17 members of the Board of Directors of the Coastside Fire Protection District (the "CFPD") on April 9,
18 2013. I am also aware of the communications that have occurred with the Elections Division and
19 Respondent relating to challenges to ballot statements submitted in relation to the April 9, 2013, recall
20 election, including the writ petition filed by Petitioner.
21 4. In relation to the April 9, 2013, recall election, seven individuals submitted ballot
22 statements pursuant to the Elections Code. Three of those ballot statements were submitted by the Real
23 Parties in Interest,and true and correct copies of those three statements are attached to the Petition as
24 Exhibits G through I thereto. The other four statements were submitted by the four candidates seeking to
25 replace the sitting directors of the CFPD. Attached to this declaration as Exhibit A is a true and correct
26 copy of the ballot statement submitted by candidate Karen Anderson. Attached to this declaration as
27 Exhibit B is a true and correct copy of the ballot statement submitted by candidate Lee McKusick.
28 Attached to this declaration as Exhibit C is a trueand correct copy of the ballot statement submitted by
1
DECLARATIONOF DAVIDM. TOM IN SUPPORT OF WRIT RESPONSE
1 candidate Harvey Rarback. Attached to this declaration as Exhibit D is a true and correct copy of the
2 ballot statement submitted by candidate J.B. Cockrell. Copies of all seven ballot statements have been
3 available online to the public at www.shapethefuture.ore/elections/2013/anril/ since approximately
4 January 24, 2013.
5 5. Respondent, myself, and the Elections Division staff considered the content of all seven
6 submitted ballot statements, applying the same analysis to each of them. For all of the reasons setforth
7 in the Response, Respondent did not seek a writ in relation to any of the ballot statements which were
8 submitted.
9 6. Petitioner's Petition and the supporting documents were served on Respondent's Office at
10 3:50 p.m. on Monday, February 4, 2013. These materials were the first evidence (meaning evidence that
11 I believe would be admissible in court) received by Respondent relating to any complaints about the
12 content of the ballot statements.
13 7. Also at 3:50 p.m. on Monday, February 4, 2013, Respondent received an email from
14 Kathryn Slater-Carter, another proponent of the recall process, listing concerns about the ballot
15 statements at issue in the present Petition. A true and correct copy of Ms. Slater-Carter's email to
16 Respondent and the letter attached to thatemail are attached to this declaration as Exhibit E.
17 8. Issuance of the writ requested by the Petition will not substantially interfere with the
18 printing or distribution of official election materials as provided by law relating to the April 9, 2013,
19 recall election so long as any decision by the Court is issued by Thursday, February 14, 2013, or
20 promptly thereafter.
21 I declare under penalty of perjury of the laws of the State of California that the foregoing is true
22 and correct and is executed atSan Mateo, California, this ~/~ day of February, 2013.
23
24 David M. Tom
25
L:iCLIENTK DEPTSiELECTIONQ013Q013.02 Dratt - David Tom Declaration
Marshall Ketchum Writ PetitionQ013.02.07 lSO
ResponseTo Petition. Doc
27
28
2
DECLARATION OF DAVIDM. TOM IN SUPPORT OF WRIT RESPONSE
EXHIBIT A
CANDIDATE STATEMENT OF
QUALIFICATIONS
(Elections Code $ 13307)
In the appropriate number of words, please type a brief descriptionof
your education 8 qualifications for the office. Statements must be
prepared in paragraph format. Statements submitted on CD, or
emails are encouraged, but a printed copy must be attached to this
form.
As a candidate to succeed Director AY.kc A;Ct~- c3
(Name of Office Sought)
at the April 9, 2013 Coastside Fire Protection Recall Election, Isubmit the following
statement of qualifications:
CANDIDATESTATEMENT OF QUALIFICATION
Name: Aa~. A. Rd~e-
Occupation: li~~eii VY'i~AoW~ve.+inn%~
(opt(anat)
Age:
(optionel)
Statement of Qualifications: (statement must be attached to thisform)
ku N.M
II 5/M IX
Sigrtature of Candidate Dak
*Ifthe information provided on the form above differs from the information listed on the
statement attached to this form, the information listed above willhave precedence.
ESTIMATED COST
The cost of the statement is the Candi~
responsibility of the
The estimated fee to be collectedfrom the candidate is $ g
This estimated fee (based on three 200 word statements per page or two 400 word statements per page) is to be
paid when you submit your candidate statement. Actual statement costs varybased upon thenumber submitted
for each jurisdiction.
CANDIDATE OPTIONS
Ido not elect to flic a statementas permitted by EC $ 13307.
Signature of Candidate
I am indigent and unable to pay for my prorated costs in advance.
Attached is a financial statementpursuant to ElectionsCode f13309 and a release authorizingyou to
obtain a copy of my most recent federal income tax form. I certify under
penalty of perjury underthe laws
of theState is true and
of California that the financial statement correct.
Signature of Candidate Date
www.KeepCALFIRE.org >
If you were to call 911 right now for an ambulance, a crew of CAL FIRE l4
professionals would rush to your aid. 8ut, come July 1", no one knows who will l~
come, because these board directors decided that CAL FIRE's services were no
longer needed. The outstanding fire fighters and paramedics of CAl. FIRE, who lK
have worked tirelessly for this fire district, may now have to leave by June 30th.
For a standalone department, approximately 31 full-time people need to be hired. l ~
Including relief staff, the requirement goes over 40. As I write this, riot a single i&
person has been hired or trained. After July 1", should an emergency occur when i4
our fire stations are understaffed or unprepared, the nearest responders might (
'l
have to drive from Pacifica or over the hill. Such a delay, or worse, a mistake, from i3
a crew hastily cobbled together, could become life threatening. I
The decision of these board members to ignore the public's wishes was reckless. 1
Q
If elected, I will immediately take steps to restore our contract with CAL FIRE. for
detailed information about this situation, including my biography, please visit io
www.KeepCALFIRE.org. You are also welcome to call me at .~4 ma,)~
JA 2 2013
g f Electhns
By
U
I
MARY
Otlcer
p CLEtBty
EXHIBIT C
qEO c
O~
CANDIDATE STATEMENT OF
I%4
QUALIFICATIONS
(Elections Code $ 13307)
Word Count Limit: In the appropriate number of words, please type a brief descriptionof
200 words your education & qualifications for the office. Statements must be
prepared in paragraph format. Statements submitted on CD, or
0 250 words
emails are encouraged, but a printed copy must be attached to this
400 words
form.
As a candidate to succeed Director k.i A<4 ~h
(Name of Oflice Sought)
at the April 9, 2013 Coastside Fire Protection Recall Election, I submit the following
statement of qualifications:
CANDIDATE STATEME NT OF QUALIFICATION
Name: Qe V&I PQPIQC (
, / \
Occupation: V~ tired
juries agreed.Z-
TriData is the independent national consulting company that the Fire Board selected to l3
conduct an operational review of the CFPD. Their conclusion: "Cal Fire is a nationally lH
recognized orgasm»tion with excellent resources. The District is receiving excellent I C7
service at a lower cost than ifprovided independently." l
Clay Lambert of the Half Moon Bay Review wrote that the Fire Board is "putting the /H
districtinto reverse, toward another dysfunctional, expensive, crony-filled department". l0
One after another, citizens have spoken a&CFPD Board meetings, vigorously objecting to G
Cal Fire's dismissal. Our community deserves a Board that listens to its citizens.
Ifelected, I willimmediately vote to restore our contract with Gal Fire. For detailed&
information about this situation, hicluding my own biography and Hst of endorsers, please G
visit www.KeepCalFire.org. You are also welcome to callme at (650) 440-7955. ((
Thank you,
- Harvey I
/s/
JAN 4 2Ã
ee UK . Dna
V I ~P[gv
EXHIBIT D
EO C
oo
N
littt
~ C
CANDIDATE STATEMENT OF
QUALIFICATIONS
(Elections Code $ 13307)
In the appropriate number of words, please type a brief description of
your education & qualifications for the oNce. Statements must be
prepared in paragraph format. Statements submitted on CD, or
emails are encouraged, but a printed copy must be attached to this
form.
As a candidate to succeed Director A}ae H 0 Ct> "I+S4
(Name of Office Sought)
at the April 9, 2013 Coastside Fire Protection Recall Election, Isubmit the following
statement of qualifications:
CANDIDATESTATEMENT OF QUALIFICATION
Name: D 5 Me4e. fI
/ C.ulttg6i'u~
occupation: Pa+:r4 A;i(;~~6i
To: Mark Church , Clay Lambert
CC: Kathryn Slater-Carter , Bill Kehoe
Date: 2/4/2013 3:53 PM
Subject: Objection to recall statements by Alifano, Riddell and Mackintosh
Attachments: Recall2:4:2013.docx; Tab 5 Exhibit E Update with red final 071812.pdf; Tab
5 EXHIBIT E Fy 11 12 final report5.pdf; Tab 5 Staff Report JF.pdf; 013013 2
Tab Report Stand Alone .zip
February 4, 2013
Kathryn Slater-Carter
1452 Alamo St.,
Montara, CA 94037
ksc@sonic.net
Mr. Mark Church,
Chief elections Officer,
MChurch@smcare.ore
Honorable Mr. Church,
RE: Coastside Fire Protection District, Recall Election, Protest to Alifano, Riddell and
Mackintosh Ballot Information Statements
I am writing to request a process to present proof to allow a writ of mandate to
order the County Chief Elections Officer, Mark Church to make changes, corrections
or clarifications to the candidate statements filed by Coasstside fire Protecton Board
members subject to the April 9, 2013 recall election: Michael Alifano, Douglas
Mackintosh, and Gary Riddell as stated in California elections Code13313(b)(2).
Mr. Mike Alifano states: "...no reason for a recall other than the CalFire's Union [sic]
wants to control the Coastside Fire Protection District Board. This recall effort is a
bold power play by CalFire's Unions [sic] to put into place people that are loyal only
to them."
This statement is false and must be removed from the statement. Ed Carter and I
went to Sacramento to form the Recall committee. We were both on the decision
making group that ran the recall signature gathering campaign. I personally created
the almost all the publicity materials signature gathers used to gain signatures. IAFF
Local 2881 provided some funding and some design assistance to our committee: It
did not form, plan, operate or provide a majority of the funding for the Recall
Committee.
Mr. Douglas Mackintosh states: "We have developed a time table and five year-
conservative budget...with no reduction in service to the Coastside." This budget
and time table have not been distributed to the public. At the last CFPD meeting
[January 30, 2013] the consultants updated the October 18, 2013 timeline as it is not
able to be achieved. The consultants admitted that the full training timetable will
not be met.
President Mackintosh, in oral comments, stated that the district cannot do an
actuarial analysis of the future costs of to the district of the PERS retirement costs as
"we do not know what those costs will be (my words, but I will be happy to provide
the audio clip if requested) .
The 1/30/2013 staff report: Review, Discussion and Approval of Recommended
Approach to Continuing Formation of a Standalone Fire Department and
Formulaton of Related Board Policy (attached)
"There are also other policy issues that must be considered by the Board to finalize
the salary and benefits package...lt is critical that these decisions be made so that
employees considering a potential lateral transfer to the new department will that
the information needed to assist in weighing the decision to apply for transfer." Page
18c2
Salarv and Benefits Resolution Revisions
A series of proposed and/or potential revisions to the adopted Salary and Benefits
Resolution has been developed for the Board's consideration....revisions are needed
to reflect the Board policy decisions that have been made ..."
Appendix A- Monthly Wage Schedule
The monthly Wage Schedule needs to be, amended to incorporate the relecant
hourly pay rate...
As such Mr. Mackintosh has made false statements about the budget and timetable
in his ballot information statement as the budget and timetables are in a state of
flux: past documents are being changed by the board at even the most recent
meeting.
All of the directors to be recalled have made misleading statements concerning the
contract between Calfire and the Coastside Fire Protection District. Each makes
various statements about the contract that belie the full actions of the
administration of the contract by Mr. Alifano, Mr. Mackintosh, and Mr. Riddell.
Mr. Aifano writes: "Calfire has failed to perform by the terms of the contract that
was mutually agreed upon for the past 5 [sic] years Now, when the Coastside fire
protection District board directors need to hold Calfire accountable and compare
Calfire to other options, CalFire's Union starts and funds a recall effort on the very
fire board members that are so critical of their performance."
Mr. Doug Mackintosh writes: "Needed positions have remained unfilled."
Mr. Riddell states: "CalFire failed to meet its legal obligations in or contract and the
California Fire Code and its obligations as a Fire Service Provider."...
Each of these statements reflects an on-going practice of the three to set multiple
performance goals and demands while repeatedly revising the goals and timelines
to ensure non-compliance by CalFire. Attached is the inventory of the incomplete
portions of the Exhibit E of the contract. It demonstrates that some items are
"incomplete" but none are "failed"
The Board has not demonstrated any specific failures on the part of Calfire to meet
the legal requirements under th'eCalifornia fire code nor its obligations as a Fire
Service Provider.
CA elections Code 13307 requires that candidates statements shall be "limited to a
recitation of the candidate's own personal background and qualifications..."
These statements make little reference to the candidates qualifications and
background and must be shortened to leave only the references of qualifications and
background.
Sincerely,
Via email
KSC
Kathryn Slater-Carter
ksc@sonic.net
650.356.5255
Preview
1 JOHN C. BEIERS, COUNTY COUNSEL (SBN 144282) By: John D. Nibbelin, Chief Deputy (SBN 184603) 2 By: Glenn M. Levy, Deputy Hall of Justice and Records 6'loor (SBN 219029) FILED SAN MATEO COUNTY 3 400 County Center, Redwood City, CA 94063 FE 1 4 Telephone: (650) 363-4757 2013 I Facsimile: (650) 363-4034 5 Qle 0 for Respondent By Attorneys 6 MARK CHURCH, SAN MATEO COUNTY ASSESSOR-COUNTY CLERK-RECORDER & 7 CHIEF ELECTIONS OFFICER IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF SAN MATEO 12 MARSHALLKETCHUM, an individual, Case No. CIV 519693 13 Petitioner, DECLARATIONOF DAVIDM. TOM IN 14 SUPPORT OF WRIT RESPONSE vs. 15 Date: February 14, 2013 MARKCHURCH, in his capacity as COUNTY Time: 9:00 a.m. 16 CHIEF ELECTIONS OFFICER & ASSESSOR- Dept: 28 COUNTY CLERK-RECORDER OF THE COUNTY 17 OF SAN MATEO, CALIFORNIA 18 Respondent. 19 MICHAELALIFANO, DOUG MACKINTOSH and 20 GARY RIDDELL, 21 Real Parties in Interest. 22 23 24 25 26 27 28 Case No. CIV 519693 DECLARATIONOF DAVIDM. TOM IN SUPPORT OF WRIT RESPONSE DECLARATION 2 I, David M. Tom, declare as follows: 3 1. I am currently the Deputy Assessor-County Clerk-Recorder, Elections Division Manager, 4 for the County of San Mateo (the "County"). I am submitting this declaration in support of the Response 5 of Respondent Mark Church, Assessor-County Clerk-Recorder & Chief Elections Officer, to Writ 6 Petition, filed concurrently with the declaration in the above-captioned action. Unless otherwise 7 indicated, I know the facts stated below of my own personal knowledge, and ifcalled upon to do so, I am 8 competent to and would testify about them under oath. 9 2. I have held the position of Deputy Assessor-County Clerk-Recorder, Elections Division 10 Manager, for twelve (12) years, and prior to that I served as Deputy Assessor-County Clerk-Recorder, 11 Business Division Manager (not related to Elections) for three (3) years. My duties as Elections 12 Division Manager include supervision of the County Elections Division in conducting federal, state,and 13 local elections throughout the year within the County of San Mateo. This includes managing the staff of 14 the San Mateo County Elections Division, and in relation to those duties I am kept advised of all aspects 15 of the elections process. 16 3. I am familiar with the recall elections scheduled to occur in relation to three sitting 17 members of the Board of Directors of the Coastside Fire Protection District (the "CFPD") on April 9, 18 2013. I am also aware of the communications that have occurred with the Elections Division and 19 Respondent relating to challenges to ballot statements submitted in relation to the April 9, 2013, recall 20 election, including the writ petition filed by Petitioner. 21 4. In relation to the April 9, 2013, recall election, seven individuals submitted ballot 22 statements pursuant to the Elections Code. Three of those ballot statements were submitted by the Real 23 Parties in Interest,and true and correct copies of those three statements are attached to the Petition as 24 Exhibits G through I thereto. The other four statements were submitted by the four candidates seeking to 25 replace the sitting directors of the CFPD. Attached to this declaration as Exhibit A is a true and correct 26 copy of the ballot statement submitted by candidate Karen Anderson. Attached to this declaration as 27 Exhibit B is a true and correct copy of the ballot statement submitted by candidate Lee McKusick. 28 Attached to this declaration as Exhibit C is a trueand correct copy of the ballot statement submitted by 1 DECLARATIONOF DAVIDM. TOM IN SUPPORT OF WRIT RESPONSE 1 candidate Harvey Rarback. Attached to this declaration as Exhibit D is a true and correct copy of the 2 ballot statement submitted by candidate J.B. Cockrell. Copies of all seven ballot statements have been 3 available online to the public at www.shapethefuture.ore/elections/2013/anril/ since approximately 4 January 24, 2013. 5 5. Respondent, myself, and the Elections Division staff considered the content of all seven 6 submitted ballot statements, applying the same analysis to each of them. For all of the reasons setforth 7 in the Response, Respondent did not seek a writ in relation to any of the ballot statements which were 8 submitted. 9 6. Petitioner's Petition and the supporting documents were served on Respondent's Office at 10 3:50 p.m. on Monday, February 4, 2013. These materials were the first evidence (meaning evidence that 11 I believe would be admissible in court) received by Respondent relating to any complaints about the 12 content of the ballot statements. 13 7. Also at 3:50 p.m. on Monday, February 4, 2013, Respondent received an email from 14 Kathryn Slater-Carter, another proponent of the recall process, listing concerns about the ballot 15 statements at issue in the present Petition. A true and correct copy of Ms. Slater-Carter's email to 16 Respondent and the letter attached to thatemail are attached to this declaration as Exhibit E. 17 8. Issuance of the writ requested by the Petition will not substantially interfere with the 18 printing or distribution of official election materials as provided by law relating to the April 9, 2013, 19 recall election so long as any decision by the Court is issued by Thursday, February 14, 2013, or 20 promptly thereafter. 21 I declare under penalty of perjury of the laws of the State of California that the foregoing is true 22 and correct and is executed atSan Mateo, California, this ~/~ day of February, 2013. 23 24 David M. Tom 25 L:iCLIENTK DEPTSiELECTIONQ013Q013.02 Dratt - David Tom Declaration Marshall Ketchum Writ PetitionQ013.02.07 lSO ResponseTo Petition. Doc 27 28 2 DECLARATION OF DAVIDM. TOM IN SUPPORT OF WRIT RESPONSE EXHIBIT A CANDIDATE STATEMENT OF QUALIFICATIONS (Elections Code $ 13307) In the appropriate number of words, please type a brief descriptionof your education 8 qualifications for the office. Statements must be prepared in paragraph format. Statements submitted on CD, or emails are encouraged, but a printed copy must be attached to this form. As a candidate to succeed Director AY.kc A;Ct~- c3 (Name of Office Sought) at the April 9, 2013 Coastside Fire Protection Recall Election, Isubmit the following statement of qualifications: CANDIDATESTATEMENT OF QUALIFICATION Name: Aa~. A. Rd~e- Occupation: li~~eii VY'i~AoW~ve.+inn%~ (opt(anat) Age: (optionel) Statement of Qualifications: (statement must be attached to thisform) ku N.M II 5/M IX Sigrtature of Candidate Dak *Ifthe information provided on the form above differs from the information listed on the statement attached to this form, the information listed above willhave precedence. ESTIMATED COST The cost of the statement is the Candi~ responsibility of the The estimated fee to be collectedfrom the candidate is $ g This estimated fee (based on three 200 word statements per page or two 400 word statements per page) is to be paid when you submit your candidate statement. Actual statement costs varybased upon thenumber submitted for each jurisdiction. CANDIDATE OPTIONS Ido not elect to flic a statementas permitted by EC $ 13307. Signature of Candidate I am indigent and unable to pay for my prorated costs in advance. Attached is a financial statementpursuant to ElectionsCode f13309 and a release authorizingyou to obtain a copy of my most recent federal income tax form. I certify under penalty of perjury underthe laws of theState is true and of California that the financial statement correct. Signature of Candidate Date www.KeepCALFIRE.org > If you were to call 911 right now for an ambulance, a crew of CAL FIRE l4 professionals would rush to your aid. 8ut, come July 1", no one knows who will l~ come, because these board directors decided that CAL FIRE's services were no longer needed. The outstanding fire fighters and paramedics of CAl. FIRE, who lK have worked tirelessly for this fire district, may now have to leave by June 30th. For a standalone department, approximately 31 full-time people need to be hired. l ~ Including relief staff, the requirement goes over 40. As I write this, riot a single i& person has been hired or trained. After July 1", should an emergency occur when i4 our fire stations are understaffed or unprepared, the nearest responders might ( 'l have to drive from Pacifica or over the hill. Such a delay, or worse, a mistake, from i3 a crew hastily cobbled together, could become life threatening. I The decision of these board members to ignore the public's wishes was reckless. 1 Q If elected, I will immediately take steps to restore our contract with CAL FIRE. for detailed information about this situation, including my biography, please visit io www.KeepCALFIRE.org. You are also welcome to call me at .~4 ma,)~ JA 2 2013 g f Electhns By U I MARY Otlcer p CLEtBty EXHIBIT C qEO c O~ CANDIDATE STATEMENT OF I%4 QUALIFICATIONS (Elections Code $ 13307) Word Count Limit: In the appropriate number of words, please type a brief descriptionof 200 words your education & qualifications for the office. Statements must be prepared in paragraph format. Statements submitted on CD, or 0 250 words emails are encouraged, but a printed copy must be attached to this 400 words form. As a candidate to succeed Director k.i A<4 ~h (Name of Oflice Sought) at the April 9, 2013 Coastside Fire Protection Recall Election, I submit the following statement of qualifications: CANDIDATE STATEME NT OF QUALIFICATION Name: Qe V&I PQPIQC ( , / \ Occupation: V~ tired juries agreed.Z- TriData is the independent national consulting company that the Fire Board selected to l3 conduct an operational review of the CFPD. Their conclusion: "Cal Fire is a nationally lH recognized orgasm»tion with excellent resources. The District is receiving excellent I C7 service at a lower cost than ifprovided independently." l Clay Lambert of the Half Moon Bay Review wrote that the Fire Board is "putting the /H districtinto reverse, toward another dysfunctional, expensive, crony-filled department". l0 One after another, citizens have spoken a&CFPD Board meetings, vigorously objecting to G Cal Fire's dismissal. Our community deserves a Board that listens to its citizens. Ifelected, I willimmediately vote to restore our contract with Gal Fire. For detailed& information about this situation, hicluding my own biography and Hst of endorsers, please G visit www.KeepCalFire.org. You are also welcome to callme at (650) 440-7955. (( Thank you, - Harvey I /s/ JAN 4 2Ã ee UK . Dna V I ~P[gv EXHIBIT D EO C oo N littt ~ C CANDIDATE STATEMENT OF QUALIFICATIONS (Elections Code $ 13307) In the appropriate number of words, please type a brief description of your education & qualifications for the oNce. Statements must be prepared in paragraph format. Statements submitted on CD, or emails are encouraged, but a printed copy must be attached to this form. As a candidate to succeed Director A}ae H 0 Ct> "I+S4 (Name of Office Sought) at the April 9, 2013 Coastside Fire Protection Recall Election, Isubmit the following statement of qualifications: CANDIDATESTATEMENT OF QUALIFICATION Name: D 5 Me4e. fI / C.ulttg6i'u~ occupation: Pa+:r4 A;i(;~~6i To: Mark Church , Clay Lambert CC: Kathryn Slater-Carter , Bill Kehoe Date: 2/4/2013 3:53 PM Subject: Objection to recall statements by Alifano, Riddell and Mackintosh Attachments: Recall2:4:2013.docx; Tab 5 Exhibit E Update with red final 071812.pdf; Tab 5 EXHIBIT E Fy 11 12 final report5.pdf; Tab 5 Staff Report JF.pdf; 013013 2 Tab Report Stand Alone .zip February 4, 2013 Kathryn Slater-Carter 1452 Alamo St., Montara, CA 94037 ksc@sonic.net Mr. Mark Church, Chief elections Officer, MChurch@smcare.ore Honorable Mr. Church, RE: Coastside Fire Protection District, Recall Election, Protest to Alifano, Riddell and Mackintosh Ballot Information Statements I am writing to request a process to present proof to allow a writ of mandate to order the County Chief Elections Officer, Mark Church to make changes, corrections or clarifications to the candidate statements filed by Coasstside fire Protecton Board members subject to the April 9, 2013 recall election: Michael Alifano, Douglas Mackintosh, and Gary Riddell as stated in California elections Code13313(b)(2). Mr. Mike Alifano states: "...no reason for a recall other than the CalFire's Union [sic] wants to control the Coastside Fire Protection District Board. This recall effort is a bold power play by CalFire's Unions [sic] to put into place people that are loyal only to them." This statement is false and must be removed from the statement. Ed Carter and I went to Sacramento to form the Recall committee. We were both on the decision making group that ran the recall signature gathering campaign. I personally created the almost all the publicity materials signature gathers used to gain signatures. IAFF Local 2881 provided some funding and some design assistance to our committee: It did not form, plan, operate or provide a majority of the funding for the Recall Committee. Mr. Douglas Mackintosh states: "We have developed a time table and five year- conservative budget...with no reduction in service to the Coastside." This budget and time table have not been distributed to the public. At the last CFPD meeting [January 30, 2013] the consultants updated the October 18, 2013 timeline as it is not able to be achieved. The consultants admitted that the full training timetable will not be met. President Mackintosh, in oral comments, stated that the district cannot do an actuarial analysis of the future costs of to the district of the PERS retirement costs as "we do not know what those costs will be (my words, but I will be happy to provide the audio clip if requested) . The 1/30/2013 staff report: Review, Discussion and Approval of Recommended Approach to Continuing Formation of a Standalone Fire Department and Formulaton of Related Board Policy (attached) "There are also other policy issues that must be considered by the Board to finalize the salary and benefits package...lt is critical that these decisions be made so that employees considering a potential lateral transfer to the new department will that the information needed to assist in weighing the decision to apply for transfer." Page 18c2 Salarv and Benefits Resolution Revisions A series of proposed and/or potential revisions to the adopted Salary and Benefits Resolution has been developed for the Board's consideration....revisions are needed to reflect the Board policy decisions that have been made ..." Appendix A- Monthly Wage Schedule The monthly Wage Schedule needs to be, amended to incorporate the relecant hourly pay rate... As such Mr. Mackintosh has made false statements about the budget and timetable in his ballot information statement as the budget and timetables are in a state of flux: past documents are being changed by the board at even the most recent meeting. All of the directors to be recalled have made misleading statements concerning the contract between Calfire and the Coastside Fire Protection District. Each makes various statements about the contract that belie the full actions of the administration of the contract by Mr. Alifano, Mr. Mackintosh, and Mr. Riddell. Mr. Aifano writes: "Calfire has failed to perform by the terms of the contract that was mutually agreed upon for the past 5 [sic] years Now, when the Coastside fire protection District board directors need to hold Calfire accountable and compare Calfire to other options, CalFire's Union starts and funds a recall effort on the very fire board members that are so critical of their performance." Mr. Doug Mackintosh writes: "Needed positions have remained unfilled." Mr. Riddell states: "CalFire failed to meet its legal obligations in or contract and the California Fire Code and its obligations as a Fire Service Provider."... Each of these statements reflects an on-going practice of the three to set multiple performance goals and demands while repeatedly revising the goals and timelines to ensure non-compliance by CalFire. Attached is the inventory of the incomplete portions of the Exhibit E of the contract. It demonstrates that some items are "incomplete" but none are "failed" The Board has not demonstrated any specific failures on the part of Calfire to meet the legal requirements under th'eCalifornia fire code nor its obligations as a Fire Service Provider. CA elections Code 13307 requires that candidates statements shall be "limited to a recitation of the candidate's own personal background and qualifications..." These statements make little reference to the candidates qualifications and background and must be shortened to leave only the references of qualifications and background. Sincerely, Via email KSC Kathryn Slater-Carter ksc@sonic.net 650.356.5255