Olene Ewell-White Demanding that we receive notice under
Brown Act notice of all meetings of the VRNCA and the NCA, both public and board meetings,
and that these meetings be open to the public. See the letters asking that the Vasquez Rocks nature center associates financial records to be made public.
Smith in her mid May Country Jo urnal changed Antonovich's letter by substituting the word filing instead of filming. The County is raising the filming fees and has no intention of charging an admission fee according to Ms White of the Parks Department today (5-20-97).
Rodney Cooper,
Director of L.A. County Park and Recreation, May 17, 1997. This letter summarizes the
prior communication and demands action.
Olene Ewell-White Demanding that we receive notice under
Brown Act notice of all meetings of the VRNCA and the NCA, both public and board meetings,
and that these meetings be open to the public.
Olene
Ewell-White L.A. County Park and Recreation, September 8, 1996 concerning the
removal Of Tana Lampton from the VRNCA because as a member she wanted to see the
records.
Study
of the Charter of the Nature Center Associates (NCA) and its contract with LA
County
Michael Parks L.A.
County Park and Recreation, August 29, 1996, documenting Tana Lampton's exclusion from the
board meeting of the NCA
Mr. Paul Dupke Nature
Center Associates , October 25, 1995 Which begins: As you are no doubt aware, there is
considerable controversy continuing over the operation of a branch of NCA in Agua Dulce
Rodney Cooper,
DirectorTana Lampton has provided me a copy of your December1996 letter. The letter seems to be highly inconsistent with the facts concerning the case. The Nature Center Associates (NCA), of which Vasquez Rock (VRNCA) is a part, has a signed agreement with the County of Los Angeles. This agreement allows the County access to the NCA records and requires that the VRNCA follow various Federal standards which include, as I read the contract, the Federal whistle blower rules. (See Charter-Contract attached) Because of this contract and its synergistic relationship it has brought the NCA fully under the Public Records Act.
I have written other unanswered letters about the issue to Jim Parks 1-28-96, Olene Ewell-White 9-8-96, Michael Parks 8-29-96 and NCA 10-25-95 Copies are attached. None of these letters have been answered.
Our group would like a meeting with you to discuss these issues and the many private meetings you and your department have held with the opposition.
It also has been widely reported that $18,000 dollars of County money was transferred to the VRNCA when it was revived several years ago. I would like a detailed explanation why VRNCA received funds from the County of Los Angeles. I understand VRNCA's main purpose is to raise money for the park, not spend County funds on their political agenda.
To try to claim this is an independent group is just not true. The NCA exist solely because they are associated with LA County. They use LA County facilities, park police as their security, Department of Parks employees and Department of Parks property for their groups' purposes. They are allowed special access to facilities and enjoy a special relationship because they have executed this contract.
As the County has full access to the NCA financial records, this makes the group totally subject to the California Public Records Act. Based on the County's usual program of full public disclosure, you must order the NCA to make all of their financial records available for public inspection.
This letter is a demand under the Public Records Act to see each and every document within the NCA and the County concerning all financial dealing of the VRNCA
If the NCA is a private club and is not subject to the Public Records Act than this is a request that the contract with LA County be canceled immediately. This contract serves no public purpose and creates potential liability for the county by this groups highhanded actions.
There has been serious questions of improprieties by VRNCA concerning use of public money. There have been issues raised by the few checks that Ms. Lampton was allowed to see. This includes money paid to a county employee, Mike Sharp, and others for unspecified purposes. Ms. Lampton was then thrown out of the VRNCA because of her attempt to see their financial records. (See letter Olene Ewell-White 9-8-96)
That action alone is a specific violation of the Federal Whistle Blower's Act. The county should not be a party to any organization who refuses to reveal their financial records. When asked, they try to silence that person by throwing them out, on the basis that they "impugned the reputation of the group".
With the allocations that have been raised and their efforts, to conceal the records, their actions may border on criminal activity. If they have spent any of the $18,000 dollars from county funds, the county may also be involved.
We therefore demand an immediate look at the financial records. If they refuse the contract should be suspended between the NCA and the County.
If I can be of any other service to you, please call.
Charles Brink
CC Agua Dulce Town Council (under the charter)
Olene Ewell-WhiteMs. White,
Re: Removal Of Tana Lampton from the VRNCA
This is a formal complaint about the activities of the VRNCA, and subsequently the NCA concerning Tana Lampton.
After reviewing the contract between the County and the NCA, it is abundantly clear that the NCA is so tightly connected to the county that it is virtually a county agency.
The NCA utilizes county facilities, county staff, and is required by agreement to meet the Federal Civil Rights Act, for non-discrimination and political activities. Further, the county is given total and complete access to the financial records of the NCA and it's branches. (See Study attached)
As you know, for nearly a year, Tana Lampton, as a member of the VRNCA, has been trying to obtain financial information concerning the operation of the VRNCA.
The responses of the NCA and the VRNCA to her requests were as follows.
1. The financial records were private and no one could see them.
2. She could see some of them, but not make copies.
3. A letter from Margaret Guerra stating that the information is only for use by NCA members.
Her requests were refused and she was removed from the VRNCA.
They claim their board meetings are private and the public cannot attend. Attached is a note from Tana Lampton when she was removed from one of the board meetings by Margaret Guerra and Kathleen Ritner a county employee.
Ms Lampton was allowed to see limited financial information. That information would seem to show co-mingling of funds between the VRNCA and County employees. Specifically a payment was made for a training class for L A County Park Rangers and Mike Sharp.
Another item is the nearly $3000 dollars for office equipment purchased by the VRNCA. There are a questionable check issued to Archeologist Chester King who probably will be asked to write a paper concerning the VRNCA's goal of building a nature center in Vasquez Park. When asked what he was paid $3,000 for he stated "he did not know". Their are others.
We believe this is precisely why Tana Lampton was thrown out of the NCA, because she also believes along with me, that there have been improprieties in the handling of their books, records and funds.
The complaint against her dated March 11, 1996 is a complaint about her political activities, clearly in violation of her federal civil rights.
Complaint 1. Is that Ms. Lampton made sure the fire department fully protected the community of Agua Dulce from fireworks hazards. It is illogical that the VRNCA promote the unnatural use of the park for a fireworks show. This is about the most unnatural event possible. Agua Dulce is one of the highest risk fire areas in the County of Los Angeles and her concerns about the fire dangers were perfectly correct.
Complaint 2. is wrong. As for the VRNCA losing money because the County raised the their fees. Why is taking $3500 dollars from the VRNCA and paying it to the County Parks a loss. The $3500 still available for the use of the parks department to improve Vasquez Park. The only change is the county controls the money instead of the VRNCA.
Complaint 3. Is wrong as it claims that Lampton can not make a complaint about health issues for a large group at the park.
Complaint 4. Is based on a subjective definition of what a disruption is. VRNCA claims a disruption is demanding your rights to speak at a public meeting. To be told you can't speak is an illegal act by the VRNAC. The Brown Act defines disruption as "behavior so obstructive that quiet business can't be restored". It does not mean that if a small outburst occurs, you throw someone out, It's only after an outburst, where order cannot be restored that a person is disruptive.
Complaint 6. Describing Tom Haile, he states that his talk was not disrupted.
As for ruining the meeting, it was "ruined" because members who had a position different from the Nature Center's agenda asked to speak. No one was "forced to listen to "The ravings of a discontented member" any more than they are forced to listen to the ravings of NCA board members with a specific political agenda.
Complaint 7. The town council discovered that the VRNCA was falsely representing that the community backed their position. This simply is not true. It was in the town council's prerogative to appoint a liaison to monitor the VRNCA's activities because they are the elected representatives of the community. You have already seen the letter from the town council.
Their complaints against Tana Lampton are simply that she wants the information on how they have used the money. She wants the group to run a public operation and not be operated as an arm of the Chamber of Commerce. She wants them to follow the NCA charter to protect the natural environment of Agua Dulce's Vasquez Rocks as opposed to the personal political agenda of Brewer and Drayton.
It is my request that you place the NCA on notice that you are going to cancel their county agreement unless they bring their organization into compliance with the Public Records Act, the Brown Act, and operate in a public manner. That they hold public elections for new officers after there has been an opportunity for a neutral third party to take membership applications and run the election.
Charles Brink
A study of the Charter of the Nature Center Associates (NCA) and
its contract with LA County
Summary: After reviewing the contract between the County and the NCA, it is abundantly clear that the NCA is so tightly connected to the county that it is almost a county agency.
The NCA utilizes county facilities, county staff, park police, Department of Parks employees and county Parks property for their groups' purposes. They are allowed special access to facilities and enjoy a special relationship, because they have executed this contract.
The NCA has an agreement with the county and it is required by agreement to meet the Federal Civil Rights Act, for non-discrimination and political activities. Further, the county is given total and complete access to the financial records of the NCA and it's branches
The NCA Charter.
The NCA Charter is quite clear
Article 1, Their purpose, is... "primary concern is to develop in children and adults, the awareness and appreciation of the natural world". It goes on to say that the NCA through its chapters creates and operates interpretive programs at nature centers or natural areas administrated by Los Angeles County Department of Parks and Recreation.
The NCA Charter does not state that its job is to construct nature centers, or to urbanize parks or to add facilities to parks. It is primarily for the "...appreciation of the natural world...".
Section 3C. The charter is clear that the only grounds for termination, except for non-payment or resignation is " ...terminate NCA membership of any person upon the proof of any misconduct...". Misconduct is defined as "...Any activity injurious to the good name of the organization, which would be detrimental to it's well-being or hamper it's work... "
The NCA - County Agreement
The County agreement with the NCA, dated October 9, 1989, clearly indicates the symbiotic relationship between the two groups. This contract also binds the sub groups such as the VRNCA
On page one it states they are hiring the NCA to " ...Cooperate in providing programs to benefit the public county facilities...". It adds that '...the services of the contractor (NCA) are to solicit, receive and distribute donations...or assist in such efforts by the county for the improvement of public services at the county's parks and recreation facilities"....
It does not give the NCA the right to privately collect moneys for their own political agenda, to influence legislation, or to influence the counties' facilities at these specific sites.
Paragraph 3. The county agrees to provide services which include staff support, use of space, materials, equipment, postage and mail handling as needed.
Paragraph 4. States the ...Services to be provided are specifically jointly "Within the power of the county and the NCA to provide". It further requires the NCA to provide copies of their articles of incorporation and statement of purpose. It specifically requires the NCA to conform to their own By-laws and purpose or "The county my terminate this agreement forthwith".
Paragraph 5. Gives the county the right to inspect the financial records of the NCA, and allows the county to mandate that the "...receipts and expenses be kept in a manner acceptable to the county." And, "In conformance's with the standard accounting practices for non-profit organizations". It also requires the NCA conform with the county conflict of interest rules, and I believe the lobbyist registration rules
Paragraph 6. Claims to state that NCA and the County are both independent contractors and no joint venture is created, even though the preceding language in the first five paragraphs clearly creates a joint venture. Since this paragraph is inconsistent it with the rest of the agreement should be thrown out.
Paragraph 14. Adds the Federal Civil Rights Act, and various other acts of the federal government for non-discrimination of civil rights. Part B specifically states that "...all persons shall be treated equally without regard to ..., political affiliation..." It also brings in the Unruh Act, the Cartwright Act and the State Fair Employment Practices Act. It would also seem to bring them under the Federal "Whistle Blower Act".
Paragraph 16. It requires the NCA to comply with applicable Federal, State, and local laws, ordinances and recreations. It specifically requires the NCA to obtain all necessary permits from the county, and states the NCA is not exempt from any permit requirements and are treated like any other individual.
This agreement makes, the NCA a public entity, working in concert with the county, and fully subject with the Brown Act and the Public Records Act.
The NCA and the VRNCA statements that they are a private group and not subject to the Brown Act and the Public Records Act, fly in the face of the agreement between the county and the NCA.
The connection is so tight with the letterhead of the NCA shows only County addresses and County phone numbers. A causal reader would assume they a County group.
After reviewing the contract between the County and the NCA, it is abundantly clear that the NCA is so tightly connected to the county that it is almost a county agency.
This makes the position that they can hold their meetings in private and that they will not provide information under the Public Records Act wrong.
I am personally demanding that I receive notice under Brown Act notice of all meetings of the VRNCA and the NCA, both public and board meetings, and that these meetings be open to the public
We are requesting to review and make copies as needed of:
1. Minutes of all of the board meetings.
2. Records of action votes to see specifically what action has been authorized.
3. All financial information from the VRNCA since it's founding, including the source and availability of the funds that were transferred from the County into their account.
We believe this is precisely why they threw Tana Lampton out of both the VTNCA and NCA, because she also believes along with me, that there have been improprieties in the handling of their books, records and funds.
Further, as a complaint against Art Brewer, we find it incomprehensible that he would announce to the general public through the media, where the rock art was located, how to steal the rock art and where to sell it. This is an activity has to damage the park and the NCA.
We would like to know how much extra money has been spent on park rangers and patrols after this announcement was made to protect the rock art. The rock art was a loosely kept secret in the community. Most people knew about it, and people were smart not to talk about it. Mr. Brewer, to get publicity for his endeavors, compromised this asset for his own personal political gain.
I would like to ask specifically about the money from the July Fourth fund raiser which was for the VRNCA. It seems difficult to understand that some $17,000.00 dollars of receipts have never been accounted for. It appears the bulk of the money went to the Chamber and little to the VRNCA who was the sponsor.
It is unclear what happened to the receipts, who spent them, who has them, who controls them, and why only was a small amount of money was deposited of the VRNCA. The NCA By-laws clearly indicate that all the receipts are to be deposited in their account. The language of Brewer's complaint about Tana even indicates that it was a VRNCA fund-raiser.
When you ask them, their response has been, well it was a joint effort with the Chamber of Commerce. Of course the same people control both sides and the Chamber of Commerce is not a non-profit agency, but a for profit agency. It seems they simply switch hats depending on how they want to hide data.
We are demanding a full accounting, full public release of documents, a full investigation, and the removal of the existing officer's of the VRNCA.
If you do not, then I can assure you that I intend to bring the matter before the appropriate regulatory agencies including the Internal Revenue Service, to determine the use of funds by this group. Further I believe that a Grand Jury investigation may be called for, depending upon what the data from the VRNCA as to how they spent their money.
Charles Brink
Return to indexMichael ParksI am informed that the NCA, a 501(C) charitable corporation, works closely with the County and has a branch in Agua Dulce called VRNCA. I am also told that one of the members, Tana Lampton, was excluded from the last board meeting of the NCA at Placerita Canyon.
As you may know, the Brown Act makes those meetings public. After many requests made to your department office, Ms. Lampton had a chance to see (but wasn't allowed to photocopy) some of the NCA's books
She states that she finds a check made out by Art Brewer and Terry Cook for $1000.00 dollars to someone to pay for some sort of seminar for Ranger Sharp to attend. This was made apparently several months after the Fourth of July and appears to be payment for his support for the Fourth of July. Further a few weeks later is a check to Chester Cook for $3000.00 dollars for "A retainer for services to be rendered".
We find that all of these and other checks have been written and approved apparently in secret without any of the membership of the VRNCA being aware of it. We want to understand what these two checks are and particularly the check that paid for services to Michael Sharp, a County employee.
Terry Cook, one of the officers of the VRNCA, has told a member of the VRNCA that "We only have one public meeting a year, all the rest of the meetings are private and we can do anything we want with the money". Please advise me if in your opinion the NCA is a private club and is not subject to the Public Records Act.
I am asking that you instigate an immediate County audit of the books and records of the VRNCA and determine how the money was turned over to their control. How can they operate in secret without public meetings or public discussions? We ask initially that it be an internal audit by the County. If you fail to make this audit I think it would be necessary to get the Grand Jury involved to determine exactly why the County has allowed this money to be used as a private slush fund for these peoples' goals.
I just attended a town council meeting, at which they have written a letter to remind you that Art Brewer does not speak for the community. He does not have the backing of the council on any issue and he solely represents himself as an individual.
I am also requesting under the appropriate regulation, that all of the books and records of the NCA be made available. This would include all funds concerning the Vasquez program, specifically deposits and copies of the data be made available for photocopying under the Public Records Act.
Please call me for a convenient time to review the records and meet with your staff to discuss my concerns.
Charles Brink
cc: Agua Dulce Town Council
Mr. Paul Dupke As you are no doubt aware, there is considerable controversy continuing over the operation of a branch of NCA in Agua Dulce.
Undoubtedly the controversy will continue until new elections are held. This election held in a public place, at a disclosed time, after the By-laws as to eligibility for both voters and candidates have been determined and publicized. To help clarify some of the issues we'd like you to respond to the following questions and data requests.
1. We assume that the Agua Dulce branch of the NCA is an integral part of your corporate group.
2. Are the By-laws for your group binding on the individual chapters, and must they follow those By-laws?
3. Since it has been well publicized that you are a co-sponsor of the July 4th event in Agua Dulce, and you are a non-profit organization, we make a request to review all financial records concerning the July 4th operation. There were considerable questions in the community as to whether or not the money was properly accounted for and spent on the various charitable undertakings to which they agreed. Requests for this information have been made to the local chapter which have been totally ignored.
4. We make a request for copies of all correspondence from your organization concerning either the Agua Dulce chapter and the July 4th event and any other events planned at Vasquez Park.
The local group seems to not understand that being a 501(C) non-profit corporation is responsible for public disclosure of data to the public. The Agua Dulce group operates, particularly Mr. Art Brewer, in a secretive manner. I have personally heard Mr. Brewer threaten individuals in the community.
If Mr. Brewer's only activities were the NCA there wouldn't be such a problem. However considering he's a major player in the Agua Dulce Chamber of Commerce, and has tried to run the film committee in Agua Dulce, and generally supports growth and "getting Agua Dulce on the map", when the community would like to see it off the map, you can see his controversy spreads to your organization.
His election to the VRNCA was held under suspicious circumstances when the NCA was meeting in private at a Chamber of Commerce office following Chamber of Commerce meetings. Therefore to most of the community it was originally perceived to be a Chamber of Commerce organization controlled by them. I am sure the good work of your group will go on when these few bumps have been explained away and the group allowed to operate in public.
Charles Brink
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