"A letter to the COUNTY OF NEVADA BOARD OF SUPERVISORS concerning the actions of THE COUNTY COUNSEL."

The "official" response

From: Thomas Murrell Thornhill III
c/o Box 1755 U.S.P.S.
Nevada City, California, U.S.A.
December 21, 1999.

To: THE COUNTY OF NEVADA (a THE STATE OF CALIFORNIA Municipal Corporation),
Mr. Roy Pederson, COUNTY ADMINISTRATOR
950 MAIDU AVE.
NEVADA CITY CA 95959

Dear Mr. Pederson:

Subject of Personnel Complaint: JAMES G. FLAGEOLLET, purporting to be COUNTY COUNSEL for THE COUNTY OF NEVADA.

Nature of Personnel Complaint: Interference in the Administrative Hearing concerning one B. PORTER, to wit:

Count 1. December 15, 1999, I received a letter over Mr. FLAGEOLLET's signature (copy attached), misaddressed as usual in a duplicitous attempt to procurate me into a foreign venue. The correct mailing location is indicated above.
I Determine that this act alone constitutes Mr. Flageollet's forfeiture of his presumption of acting in "good faith".

Count 2. I understand from the attached letter that Mr. FLAGEOLLET has undertaken to usurp the office, the duties, the authority, and the decision-making responsibility of THE COUNTY ADMINISTRATOR in order to intrude into my inquiry and has then informed you of that usurpation by "carbon-copy".
Since my original Complaint was addressed to the COUNTY OF NEVADA, COUNTY ADMINISTRATOR, I do not understand how Mr. FLAGEOLLET has either the legal Interest or the legitimate authority to become involved in the Administrative Process in this manner.
I suppose we both should congratulate Mr. FLAGEOLLET in his self-promotion into the office of COUNTY ADMINISTRATOR.
Unfortunately, according to the ATTORNEY GENERAL (40 Ops. Atty.Gen. 138):
"Since office of county counsel is appointive under this section and office of public administrator elective under section 24009, the duties of those offices may not be consolidated." quoted in West's CALIFORNIA CODES ANNOTATED, GOVERNMENT CODE (1999), section 27640, Notes of Decisions 2.
I cannot conceive of any situation in which such behavior could constitute "well, truly, and faithfully" performing the duties of his own office.
I therefore Determine that Mr. FLAGEOLLET has defaulted upon his Offical Bond.

Count 3. Mr. FLAGEOLLET has totally obsfucated my valid Verified Personnel Complaint against a THE COUNTY OF NEVADA employee for a potential violation of my constitutionally-protected right to access to the courts into "a minor time inconvenience" caused by a metal detector (an inanimate object). That is simply not True.
Mr. FLAGEOLLET seems to wish me, you, and others to believe that the metal detector is somehow a THE COUNTY OF NEVADA employee and to pretend that B. PORTER is not such an employee.
Mr. FLAGEOLLET seems to be willing to deny B. PORTER his right to Due Process through an Administrative Hearing concerning his position with THE COUNTY OF NEVADA (effectively hanging B. PORTER "out to dry"); to deny me the legitimate exercizing of my legal Remedies through the very same Administrative Hearing; and to expose THE COUNTY OF NEVADA to unnecessary litigation; all in an attempt to prevent a reasonable, open inquiry into a possible problem in the training of the Sheriff's personnel assigned to work at the courthouse of THE COUNTY OF NEVADA.
(My experience has been that when someone is trying to misdirect me and/or others from what appears to be a legitimate issue, that issue usually will not sustain inquiry. That seems to me to be an excellent reason for making such an inquiry!) I must conclude that such behavior is also not that of an employee who is "well, truly, and faithfully" performing the duties of his office.
I therefore Determine that Mr. FLAGEOLLET has forfeited his office by knowing and wilful misconduct in office.

Count 4. Since Mr. FLAGEOLLET appears to be an officer of the "court" (per GOVERNMENT CODE (1999), section 27642), he knows or should have known that his actions are outside of his delegated authority and that said actions constitute a violation of PENAL CODE (1999), section 96.5:
"Perversion or obstruction of justice by judicial officer, court commissioner or referee.
"(a) Every judicial officer, court commissioner, or referee who commits any act that he or she knows, or should have known, perverts or obstructs justice or the due administration of the laws, is guilty of a public offense punishable by imprisonment in a county jail for not more than one year [note: a misdemeanor].
"(b) Nothing in this section prohibits prosecution under paragraph (5) of subdivision (a) of Section 182 of the Penal Code or any other law." (Added by Stats. 1998, c. 512 (A.B. 1922), sec. 1)

Count 5. I further Determine that Mr. FLAGEOLLET appears to no longer possess the "good moral character" requisite to being a member in good standing of The State Bar of California and so is not qualified to occupy his office.

I therefore Require a second informal investigatory hearing with the COUNTY ADMINISTRATOR on the issue of whether Mr. FLAGEOLLET is any longer qualified to hold his office as COUNTY COUNSEL for THE COUNTY OF NEVADA.

Please arrange this Hearing at your earliest convenience within the next ten (10) business days and advise me by mail at the mailing location 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.)

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

Further research suggests that this letter was supposed to go to THE BOARD OF SUPERVISORS, so that's where I redirected it. I guess they don't like me too much about now.
Want to read it?
Complaint forwarded.