Official: City headed in right direction

This has got to be because of the newly active citizens, whom I am provoking to stand up for their rights. This Story is trying real hard to keep the wool over our eyes. Doesn't She know that not reporting $46,000+ to your employer as the amount that was overpaid, would be viewed as embezzlement?

By Scott Smith
Record Staff Writer
May 02, 2012 12:00 AM

STOCKTON - Despite a barrage of bad news, Stockton has jump-started the revitalization of its downtown, begun a road project that will open up south Stockton commerce and formed a committee set on curbing the city's violence.

The city's long-inert Community Development Department is in the midst of a cultural overhaul, and vacant department head positions will be filled within weeks.

So City Manager Bob Deis told the City Council on Tuesday, ticking off a long list of steps Stockton is taking forward.

Deis said the city is having to overcome years of mismanagement and apathy at City Hall. He predicted that in another year, the foundation the city is laying now will begin to pay off.

"Stay the course," he told the City Council in a study session, outlining the successes and ongoing challenges. "The city of Stockton is doing some things right, making headway."

A year ago, the City Council set four goals: straightening its finances; increasing public safety; stimulating Stockton's economy; and making City Hall efficient.

Under those interlocking goals, city leaders pinpointed a list of 38 specific items that needed fixing.

Deis and other city staffers reported item by item a description of each specific area, who in City Hall is leading the effort and a status check - what's on schedule, behind or complete.

As glowing examples, Deis said the city invited a strike team from the Urban Land Institute for a week in February that will soon send recommendations for revitalizing Stockton's troubled core. In April, a committee formed under the Marshall Plan on crime met for the first time. After the meeting, Deis said members said they were impressed with the outlook.

All of this progress came even with significant distractions, like tense labor negotiations with the city's represented employees and Stockton having gone into confidential mediation with creditors in a pre-bankruptcy stage.

City Hall also experienced an exodus of key city staff within the past year, said Deis, who has worked at six different local governments in his career. He complimented the council for taking aggressive actions.

"Everywhere, councils develop goals, and that's it," he said. "Very few translate those into action."

Mayor Ann Johnston passed the compliment back to city staff for their work.

"I, too, am frankly amazed at the progress we've made despite all the challenges," she said.



Vice Mayor Kathy Miller also pointed out that the city has kept open community pools, started a youth tennis program and found a partner to keep the inner-city Merlo gym open with activities.

Too often, the headlines splash with the challenges, she said. "It's important to let the public know that we are busy and we are delivering critical services," she said.

Resident Gary Malloy pressed the council and city leaders for tangible results coming from the plans on paper. He asked when more police will be on the streets and why monthly financial reports weren't available.

"The citizens want to see action on crime and action on the finances," he said. Two people were found slain earlier in the day.

Police Chief Eric Jones responded to his staffing levels, saying that he has 344 budgeted positions and 326 officers now on the job. His office is actively recruiting, and soon, a federal grant will allow his office to hire 17 more officers, he said.

Stockton police are constantly working with the FBI, federal marshals and the California Highway Patrol, he added.

Deis said the downside is a federal grant giving Stockton 20 police officers soon expires, and the city's general fund will have to absorb their pay. "Come hell or high water," he said, "we're not going to cut those positions."

Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com. Visit his blog at recordnet.com/smithblog.

Marine Expresses Opinion and gets Discharged

By JULIE WATSON | Associated Press


CAMP PENDLETON, Calif. (AP) — A Marine who criticized President Barack Obama on his Facebook page has committed misconduct and should be dismissed, a military board recommended late Thursday.

The Marine Corps administrative board made the decision after a daylong hearing at Camp Pendleton for Sgt. Gary Stein.

The board also recommended that Stein be given an other-then-honorable discharge. That would mean Stein would lose his benefits and would not be allowed on any military base.

The board's recommendations go to a general who will either accept or deny them. If the general disagrees with the board, the case could go to the secretary of the Navy.
Stein's lawyers argued that the 9-year Marine, whose service was to end in four months, was expressing his personal views and exercising his First Amendment rights.

"We're truly surprised and disappointed but it was an honor to fight for a hero like Sgt. Stein and every other Marine's right to speak freely," Stein's defense attorney Marine Capt. James Baehr said.

Stein addressed board members during Thursday's hearing, tell them he loved the Marine Corps and wanted to re-enlist, Baehr said.

During the hearing, the prosecutor, Capt. John Torresala, said Stein went as far as superimposing images of Obama's face on a poster for the movie "Jackass."

Torresala argued that Stein's behavior repeatedly violated Pentagon policy that limits the free speech rights of service members, and said he should be dismissed after ignoring warnings from his superiors about his postings.

The government submitted screen grabs of Stein's postings on one Facebook page he created called Armed Forces Tea Party, which the prosecutor said included the image of Obama on the "Jackass" movie poster. Stein also superimposed Obama's image on a poster for "The Incredibles" movie that he changed to "The Horribles," the prosecutor said.

Torresala also said anti-Obama comments by Stein that were posted on a Facebook page used by Marine meteorologists were prejudicial to good order and discipline, and could have influenced junior Marines.

Stein's security clearance was taken away and he has no future in the Marine Corps because he can't do his job without that clearance, Torresala said.

"The Marine Corps community views the command's lack of action as some kind of knock on good order and discipline," Torresala said. "Our own people are questioning why
this Marine is not being held accountable."

Baehr said during the hearing that prosecutors were trying to dredge up any damaging information they could against Stein.

"There is no basis in this case," Baehr said. "Sgt. Stein has broken no law."

Baehr expressed after the hearing that he hoped that the recommendation would be rejected by the general, saying the case will go forward. "The issues are too important for this to end today," he said.

The military has had a policy since the Civil War limiting the free speech of service members, including criticism of the commander in chief.

Pentagon directives say military personnel in uniform cannot sponsor a political club; participate in any TV or radio program or group discussion that advocates for or against a political party, candidate or cause; or speak at any event promoting a political movement.

Commissioned officers also may not use contemptuous words against senior officials.

Backed by a team of lawyers and congressmen, Stein has said he is fighting for his constitutional rights and should be allowed to stay in the military. His lawyers and the American Civil Liberties Union contend his views are protected by the First Amendment.

"Think about how dangerous this could be if the U.S. government can prosecute you for something you say on your private Facebook page," Baehr said.

Stein has said his opinions are his own and has put a disclaimer on his Facebook page saying so. His attorneys argued service members have a right to voice their opinions as long as they do not appear to be presenting their views as being endorsed by the military. They say the Pentagon policy is vague and military officials do not understand it.
The Marine Corps has said it decided to take administrative action after Stein declared on Facebook that he would not follow orders from Obama and later clarified that statement saying he would not follow unlawful orders.

Stein could face other-than-honorable discharge while seeing his rank reduced to lance corporal and losing his benefits. The nine-year veteran was set to finish his service in four months.

He said he was removed from his job at the Marine Corps Recruiting Depot in San Diego last month and given a desk job with no access to computers.

Rep. Duncan Hunter, R-Calif., a former Marine, wrote a letter to Stein's commanding officer stating the sergeant should not face dismissal for an opinion shared by a majority of Marines. Hunter said he was referring to Stein's statement that he would not obey unlawful orders. Rep. Darrell Issa, R-Calif., also expressed support for Stein.

Stein said his statement about Obama was part of an online debate about NATO allowing U.S. troops to be tried for the Quran burnings in Afghanistan.

In that context, he said, he was stating that he would not follow orders from the president if it involved detaining U.S. citizens, disarming them or doing anything else that he believes would violate their constitutional rights.

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