I go to my local courthouse 3-4 days a week to do legal research, which I call 'my homework'. In 1999, the county I live in had the 'bright' idea to install a metal detector at the front entrance and to lock all the other doors. So everyone, except of course the attorneys, has to do a pocket- and/or purse- dump to get into the building. I got tired of being harassed by my supposed employees for bring a perfectly legal pocketknife into the courthouse, so one day I filed a Personnel Complaint against one of the "Sheriff's Deputies" guarding the building.
[What is the point of doing legal research if one does not use it, hmmmm?]
Here is a copy of that Complaint for your information, amusement, and/or edification:


From: Thomas Murrell Thornhill III
c/o Box 1755 U.S.P.S.
Nevada City, California, U.S.A.
December 6, 1999.

To: COUNTY OF NEVADA,
COUNTY ADMINISTRATOR
950 Maidu Avenue
Nevada City, California

Dear Sirs:

Administrative Notice of Personnel Complaint.

I had an incident with one of your employees, one [name redacted] on November 16, 1999, at approximately 12:50 P.M. at the courthouse of THE COUNTY OF NEVADA which was personally unpleasant enough that I believe it warrants a written complaint.
My intent is not to annoy or harrass the particular employee, but to get someone's attention to the point where THE COUNTY OF NEVADA can be persuaded to adopt reasonable and consistent standards in accordance with the law of this State for dealing with this situation, which (I assume) occurs regularly each day to Citizens of this County.
The California Administrative Procedure Act suggests that this complaint procedure is the appropriate method for doing that.

Incident report

On November 16, 1999, I had business at the courthouse of THE COUNTY OF NEVADA. So I went to the courthouse, entered through the front doors, placed my personal effects in a plastic tub, walked through the metal detector, and moved to reclaim my possessions.
One of the persons guarding the front door there, identified as one "[name redacted]" by his nametag, removed my pocketknife [photocopy attached] from the tub, held it/withheld it from me, asked me where I was going (which intrusion into my privacy I believe to be not any of his legitimate business).
When I said, "To court," he told me I would have to take it back to my vehicle because it was "too big" and refused me access to the courthouse unless I should do so.
I am not stupid enough to engage in a "p*ssing contest" with anyone who is physically bigger and younger than I am and also carrying a gun, so I took my property back to my car and returned to the courthouse about ten-twelve minutes later to complete my interrupted business with the court.

Analysis

On one hand, the whole incident appears minor and trivial, but similar such incidents probably occur in one form or another at least several times each day.
On the other hand, this is an example of a purported Peace Officer using his position to inconvenience me (and probably other Citizens), while he acts from what appears to me to be either an ignorance of the statutes he is supposed to enforce or an intent to annoy and vex amounting to harrassment.
In effect we, the Citizens of this County, appear to have inadvertantly given some of our employees a new toy to play games with.
I have the greatest respect for the people who undertake to become Peace Officers (I feel it's mostly a thankless job; I can't do it.) exactly so long as they perform their job honestly and with self-respect and personal integrity. However, the minute they should step across the line between lawfully performing the duties of their job into misusing their actual or perceived authority for any purpose which would have nothing to do with preserving, protecting, and defending the Constitution of the United States and the Constitution of this State, they would move out of their legitimate duties, invade my interests, and forfeit any possible claim to my respect. They would then have ceased to be performing their lawful duty and would have become my problem. That I do not and will not condone or tolerate. I am becoming very good at dealing with problems.

To that end, I must require a semi-formal investigatory Hearing, on the Record, with myself, your purported employee [name redacted], the Sheriff of THE COUNTY OF NEVADA, [name redacted], and the Personnel Administrator of THE COUNTY OF NEVADA to resolve this particular problem.
Denial-of or interference-with this hearing will force me to pursue the matter through the Ofice of Administrative Law in Sacramento.

At issue are the following questions:
1. What position does your purported employee actually hold?
2.a. Has your purported employee actually sworn and subscribed his Oath of Office?
2.b. If yes, please direct your purported employee to enter such signed Oath into the Record.
3.a. Has your purported employee actually filed an Official Bond?
3.b. Is your purported employee covered under the Sheriff's Official Bond?
3.c. Is your purported employee covered under a COUNTY OF NEVADA umbrella Offical Bond?
3.d. Is THE COUNTY OF NEVADA self-insured?
3.e. If yes to any of the above, please enter said Bond(s) into the record.
4.a. Is there any oath, affiliation, membership, association, etc. which your purported employee maintains which he thinks, feels, or believes supersedes, overrides, ot invalidates his Offical Oath of Office?
4.b. If yes, please direct your purported employee to fully explain and to enter evidence of such affiliation, etc. into the Record.
5. What does your employee think, feel, or believe his lawful duty within the scope of his position is?
6. How does your employee feel about people who violate the laws of this State?
7. Realizing that there is no unwritten law in California, what specific Code section(s) does your employee think or believe he was "enforcing"?
8.What does your employee think or believe that(those) specific Code section(s) says(say)?
9. When was the latest time prior to the incident that your employee had actually read that(those) Code section(s)?
10.a. Has your employee ever read, or been instructed on, any court cases which discuss that(those) Code section(s)?
10.b. If yes, direct your employee to disclose which cases he has read or been instructed in.
11. What does your employee think would be an appropriate remedy for me should he be found at fault?

For my part, I will present the following issues:
1.a. According to records maintained in the COUNTY OF NEVADA ASSESSORS OFFICE, the courthouse is owned by THE COUNTY OF NEVADA, DEPARTMENT OF BUILDINGS & GROUNDS.
1.b. According to records maintained in the COUNTY OF NEVADA RECORDER'S OFFICE, the property upon which the courthouse is situated was "Granted" to the County of Nevada in the 1960's.
1.c. So, at least nominally, it is my building and is supposed to be used for purposes which benefit me and my fellow Citizens.
2.a. According to the Sheriff of THE COUNTY OF NEVADA, [name redacted], in an informal personal conversation with me, there is a contract between THE NEVADA COUNTY SHERIFF'S OFFICE and (the entity which uses the courthouse to conduct its business) for security services at the courthouse.
2.b. I must require that that contract be entered into the Record.
3.a. Item 2.a. above, if true, implies that there should also be a contract between THE COUNTY OF NEVADA, DEPARTMENT OF BUILDINGS & GROUNDS AND (the entity which uses the courthouse to conduct its business).
3.b. I must require that that contract be entered into the Record.
4. My "access to the courts" rises to the status of a Constitutionally-protected right.
5. My mere possession of any pocketknife in any State-controlled building is an innocent useage in this State.

Please arrange this Hearing at your earliest convenience within the next ten (10) business days and advise me by mail at the mailing address indicated above. Please allow four (4) days advance notice since our mail service here is getting worse and worse. (Of course, if I do not receive adequate notice of the hearing time, we will have to start all over.)

Thank you for your assistance.

I Declare and Affirm, under the penalties provided for the crime of Perjury in the Law of the United States of America and in the Law of the State of California, that the foregoing is True and Accurate, to the best of my knowledge, belief, and understanding at this time.

Verified by my hand, this Day, the ______________ day of___________________ in the year of Our Lord, one thousand, nine hundred and ninty-nine, in ____________________________city,
_________________________county,
____________________________state, United States of America.

Signature: _______________________________________

Thomas Murrell Thornhill III


The response I received was incredible (in the sense of unbelievable). Want to read the "official" response ?

END

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