Is This What's Wrong With the City of Eureka?

When the City of Eureka was looking for a new Police Chief they had, what was supposed to be several opportunities, meetings, where local Eureka citizens could voice their wants and needs in their selection. What I heard was the strong desire of the many to avoid hiring someone with the policing policy like the retiring Murl Harpham. However, the voting citizens had already voiced their opinions when they elected the various members of Eureka City Council. Those public meets turned out to be nothing more than a ruse to placate some people who honestly believed they might have some say in the actual selection - they did not. Problem was, the person ultimately responsible for that choice, the City Manager, was a person selected without any public input. So what did the people of Eureka get for a new Police Chief. Someone that serves the people of Eureka, someone that upholds and enforces law, or the City Manager who serves the political interest of the City Council? We've had over a year for him to define and answer that question. Tragically, from what I've observed, the Eureka people got another Murl Harpham. Either way, that's what the people voted for.

Ferguson City Manager Faulted in DOJ Report Resigns

The city manager of Ferguson, Missouri, has resigned in the continued fallout from a federal probe into systemic racial bias. In its report last week, the Justice Department blamed John Shaw for overseeing a municipal system that targets African Americans for arrest and then profits off of their fines. Ferguson Mayor James Knowles announced Shaw’s departure.

Ferguson Mayor James Knowles: "I think the city and John came to a mutual agreement that we want to be able to move forward as a community. John and the city felt this was an opportunity to do that and start fresh."

As city manager, Shaw was the most powerful local official in Ferguson. His departure comes one day after the local municipal court judge, Ronald Brockmeyer, was also forced to resign his post. A court clerk and two police supervisors were forced out last week for sending racist emails.

Here's a description of the Eureka City Managers job in Eureka as detailed on the city's website.

"Duties and Responsibilities: Serves as the chief administrative officer of the City and is responsible to the City Council for the effective administration of all affairs of the City; attends all meeting and sessions of the City Council; recommends for adoption by the City Council such measures as deemed necessary  or expedient; ensures that all laws, ordinances, and policies of the City Council are faithfully executed; prepares and submits to the City Council such reports as may be required by that body and as he may deem advisable to submit; keeps the Council and the community fully advised of the financial condition of the City and prepares a preliminary annual budget for consideration by the City Council." [Emphasis added]

Then there's is this update on the Ferguson situation: 2 Officers Shot at Ferguson Protest Marking Police Chief’s Resignation - a rather tragic reality to the enforced blanket impunity.

Two police officers have been shot during a protest outside the Ferguson police headquarters early this morning. The shooting came just hours after Police Chief Thomas Jackson quit following last week’s Justice Department report finding widespread racial bias in the city’s criminal justice system. Jackson is the sixth Ferguson official to be forced out in the wake of the report, including the city manager and the top municipal judge. Police say both of the wounded officers have "serious" injuries.

All you have to do is listen to the explanations from St. Louis County Police Chief Jon Belmar and you know exactly why people are so upset in Ferguson. You can readily see what his attitude is.

Yet Belmar believes someone targeted the police, who have braved heated criticism for months, for a reason.
"These police officers were standing there, and they were shot just because they were police officers," he said. [Emphasis added]

Hardly.

--Joe

Military Police in Eureka

[Update I: April 1, 2014]
The video says it all about scared shitless paranoid police: The "Bounty" Police Force? Albuquerque Officers Face Protests, Probe over Spate of Fatal Shootings
[Update: March 24, 2014]
This could easily by Eureka, again. - Homeless man shot to death by police after being caught illegally camping.

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Yeah! That's right and no thanks to Murl Harpham and his "Tough Cop" Eureka police department. We are not terrorists neither are all of us criminals. We don't need the violence they bring with their pack-dog mentality and abject paranoia. The question I ask is, Why Eureka?

You got to know when the police, Sheriff's Department and all other policing agencies support a particular candidate for District Attorney, there is only ONE reason, and that is NOT because that person would work to enforce the law for the county with due diligence and impartiality. That person is their to enforce continued police impunity.

Communities grow weary of militarized police

As numerous law enforcement agencies across the United States begin enrolling large armored vehicles into the force, pockets of resistance are forming among some communities concerned with the trend.
***
Speaking with the Journal, Eastern Kentucky University professor Peter Kraska said residents are even more worried about potential police militarization following the recent disclosures of the National Security Agency’s bulk surveillance program. When citizens continue to hear about the government’s expanding presence, Kraska said armored vehicles represent “a pretty visual example of overreach.”

Read the complete article.

--Joe

Law and Order Finally Comes to Eureka

[Update below: The Occupy Movement's Real Threat]

This picture should scare the hell out of everyone living in Eureka, California.

Every law-abiding citizen, for sure.
Anyone know why?
SEE the headline: "Thank you for a job well done"!
Does anyone have a clue what kind of policing job these guys were doing in Afghanistan for the past year? Is this what we want brought back to Eureka?

This is exactly how the circle is closed. When you bring debauchery, oppression and death upon an innocent people for ten years you get back, right into the very heart of your society the very same things, but only multiplied many times over, and that for a lifetime. I wonder if in ten years or even one year from now the current City Council will be saying, "Thank you for a job well done?"

As long as Eurekans keep electing Authoritarian Cult members that empower an emboldened City Manager it's a wonder Murl Harpham doesn't stay on for another year or two. Thank god for old age and senility - natural attrition does have its benefits. The question remains, if Harpham gets his way, (Eureka begins police chief hiring process):

Harpham, 78, ... said he likely won't stay too long after that, noting he'd like to help the new  hire with the transition but also wants the new chief to "have a clean slate here."

will, or for that matter, can any new police chief bring actual legal law and order policing to the people of Eureka?

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[UPDATE :: February 24, 2012 - The Occupy Movement's Real Threat]
Latest Update: See comments on Ernie's blog about what happen in Court today]

To the uninitiated, the above headline, "Law and Order Finally Comes to Eureka," is sarcastic or cynical for a reason. There is a difference between mob rule by an Authoritarian Cult and their military police and actual law enforcement. Legitimate law enforcement does not require the people they are entrusted to protect and serve to be brutalized into forced servitude and subjection on a whim. A case in point is illustrated in three local blogs: Humboldt Herald's “Shocking Headlines,” Ernie Branscomb's “Omai, Felix, what have you wrought?” and Kym Kemp's “Bedsheets on aBridge: Protests Meet Police in an Occupied America" – Where Kym Kemp describes it this way: “The Occupy Movement has placed the people’s right to protest in direct juxtaposition with law enforcement’s need to protect the public and themselves.”

How does one's simple existence and their demanding of one's legally established rights threaten the public and the police? REALLY? Only in the mind of the paranoid.

If you want to know where and how such paranoid motivated conclusions originate, I invite you to read Glenn Greenwald's: Those weak losers who care about “law”.

The following article "Sick" listed below shows how bad it's been and how local communities support such sickness.

--Joe

UPDATE – The Essence of Anarchy

When laws are not enforced there is no law – So says retired Eureka resident Thomas Hannah.

Actually, when laws are NOT enforced, law enforcement, codifies a new law neutralizing, invalidating or removing the old law. Example: Failure to enforce stop sign law. This is law enforcements defacto codifying a new law removing the old requirement to STOP. Consequently, no one actually stops at supposedly controlled intersections or, for that matter, even slows down enough in preparation to stop as required in an intersection WITHOUT stop signs. Law enforcement by their defacto actions mandates the state of anarchy.

When law enforcement is left to the personal discretion of the policing officer or court, law in and of itself ceases to exist as these individuals become the defacto law. In this regard, Thomas Hannah is right. Legitimate authority and right to enforce law ceases to emanate or derive its power from its justifiable base, citizen consensus and consent, and rests upon or is motivated by the “tough cop” authority, mentality and attitude.

Furthermore, the seriousness of such lawless conduct, when people deliberately, with full intent to violate the law, whatever consequence result are deliberate and with malice.

A read of Thomas Hannah's long-winded and perfunctory My Word commentary asks “what Eureka's elected and appointed executives officials are doing to protect the property owners and voters from the hazards ... Who is really looking out for the interest of the residents in the city of Eureka?” He continues: “During recent years, I have been troubled by the growing tendency to mitigate or find exceptions to laws, ordinances and regulations by our city officials. Responsible enforcement is the duty of every elected and appointed official. When laws and their counterparts are not enforced, there is no law.”

Herein lies the answer as to why everyone seems to think they have a choice as to whether or not to comply. His use of the word “duty.” Elected and appointed officials are legally obligated to enforce the law and their sworn oath. Failure to do so violates their legitimate right to hold that office or position. The only way they can justify retaining their elected position or other office is by getting the people, to a certain extent using coercion, threats and force to go along with their lawless conduct. In effect, codifying their lawlessness.

In the Eureka City Council's case they think to bribe Eureka citizens with: Council courts public input on hiring new police chief – "City to hold pair of public forums, poll residents online."

They hope to mitigate their actions and they say as much, for firing police Chief Garr Neilsen without cause. When they go ahead and hire the kind of person they want, they can hide behind their fig leaf of some sort of independent “public forums.” Wishful thinking at this point: “That might be a way to heal some of the huge rifts in the community.” I wonder how they plan to heal this rift: Mayor Frank Jager seems to think: “”We've got the police department right now in the able hands of Mr. (Interim Chief Murl) Harpham, and I think it would behoove us not to rush this,” Mayor Frank Jager said.”

Thomas Hannah shows that there is more of a problem than just wanton failure to stop. He may try to hold the elected officials, in particular the Eureka City Council, accountable for their chicanery, but I see it as everyone's responsibility. Everyone is obligated to obey the law and as a consequence, enforce the law. When everyone practices anarchy, their elected representatives, as anarchists, shall enforce anarchy.

--Joe

Murl Harpham's EPD

[UPDATE Below]
Murl Harprham's Eureka Police Department – A Lesson In Toughness

A little over three weeks ago, Eureka Police Chief Murl Harpham in an open letter to the citizens of Eureka published in the Times-Standard newspaper titled: Preserving law and order, enforcing the laws, protecting and serving all citizens. At that time he had just replaced the recent firing of Garr Nielsen  (without cause). To reassure everyone, he laid down a rather vague, but tacit baseline for how his officers would conduct themselves as they served the community and enforced the law.

How does the latest police incident measure up? On Monday, July 25, 2011, at about 5:00 p.m. there was a reported shooting at 14^th and H streets in Eureka. According to the Time-Standard report,

"Shortly before 7 p.m., EPD received a report of a silver car parked on H Street with its back windshield busted out. Responding officers parked on Eight Street and seemed to be keeping watch on the H Street apartment building, calling for backup. By 8 p.m., EPD had closed H Street to traffic and set up a perimeter around the three-block section. The Sheriff's Office SWAT team had mobilized and was standing by in a nearby parking lot before approaching at 11:30 p.m." And, “EPD and SWAT team members moved in on an apartment on the 800 block of H Street at about 11:30 p.m. Monday, after spotting Nelson's Mercury sedan parked on the street. Police began evacuating residents a 11:45 p.m. Police evacuated 16 people from their apartments.” *** “Nelson was not home when law enforcement forced their way into his apartment with a flash-bang device at 1:45 a.m. Tuesday.  EPD and SWAT team members ended their operation at 2:05 a.m. Tuesday without apprehending the suspect.” [Emphasis added to show disparity in Thadeus Greenson's reporting.]

The next day he turned himself in to the Sheriff's Department.

The newspaper reports are rather convoluted if not rambling accounts. The timeline involving the police response is there, you just have look for it. One thing seems sure, the Eureka Police officers didn't shirk from responding. Also they clearly demonstrated their toughness. Unfortunately, Chief Harpham's definition revolved around a singular, individual “tough cop.” Someone I would consider able and capable of serving the people's best interests as well as enforcing law because of their personal authority based upon and empowered by their singular, individual legitimacy. Not as gang of elite officers, a militarized squad comparable to the U.S. military's Special Operations “Hunter Killer Squads” whose first priority is to serve themselves.

The real message here, from my vantage point anyway, is that aggressive people, drivers, neighbors or anyone else should take to heart what happened here the next time they think to bully someone around. The right to self-defense is still a right in this country and in this state. Even though the only one's that seem to believe they actually possess that right are the police.

Lets not forget, from the newspaper report, I was wondering what happened to that "olive branch of peace"? Did it become a "flash-bang device"?
[Source]

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[UPDATE :: Monday, August 1, 2011]

Notice in the Times-Standard today about: Eureka Council to start police chief hiring process – The empty process of listening to your constituents.

Side Note: Heraldo over at the Humboldt Herald has a decent post on this subject. As usual a lot of moronic comments, salted with a few thoughtful ones thrown in, but a worthwhile read nevertheless. Heraldo's sentiments:

The forums will cost around $3,000 and will be “professionally moderated.” This must mean forum goers will look at faces that appear to be listening rather than the usual smirk à la Councilman Mike Newman.

--Joe

Open Letter To Murl Harpham



Talk Is Cheap :: Actions Speak The Truth

Murl Harpham is the Eureka City Interim Police Chief. He was just approved by a unanimous Eureka City Council vote after they fired Garr Nielsen. He writes in today's Times-Standard My Word, Thursday, July 7, 2011: "Preserving law and order, enforcing the laws and protecting and serving all citizens." Here Murl Harpham, by his own words is an original veteran EPD officer of 54 years. For the record, everyone must agree, such service says much that is commendable about Murl Harpham and his integrity, loyalty and ability to survive. Without any doubt he is what I would term “Old Guard” and "Professional." He makes a couple of statements that gives that away as well. As I read his words I was reminded of yesterday's My Word, Search warrant folly: An open letter to Paul Gallegos by Jeffrey Schwartz and if he had in mind Murl Harpham when he commented about "ingrained, backward-thinking Humboldt County Law Enforcement."

For instance, it could easily be said that what Murl Harpham knows about police work is what he learned working for the EPD. Nothing wrong in that, but we all know that there are more ways to run a business than just “the” way.  Over time people get entrenched and comfortable in “their” way of doing things and dealing with people. Notice his instructions to everyone: “If there are any problems with ... bring this to my attention via a letter or email and it will be dealt with immediately.” I have no doubt that what he says here is true. Experience requires, however, asking him how effective will he be in his dealings? He is demanding an awful lot of trust from everyone in this community in that what he says is what will be done. Letters and emails are extremely impersonal and disallow opportunity for any followup or accountability. The question remains, will putting our trust in him produce the meaningful change and accountability required of everyone to effect viable, legitimate protection and service?

In that regard, Murl Harpham says something quite revealing: “Fifty plus years ago the chief who hired me said, “You are here to serve all citizens and put the bad guys in jail.” That credo has continued throughout the years.” And there's a good reason that it has. I'm sure the decent, law-abiding citizens of Eureka and Humboldt County fully support that “credo.” I know my wife and I do since we are threatened by “bad guys and girls” on a daily basis just trying to back our car out of our garage.

My question, here however, is what does Murl Harpham really mean by “bad guys”? Fifty-four years ago everyone knew who “the bad guys” were. This is a fairly open-ended label that could apply to just about any police officer's bigotry and prejudice or fear of threat. He couches this issue when he explains or defines how the EPD will respond to “dangerous” people or “citizens in fear.” He says, “first an olive branch of peace is extended” and if that does not work, “they become tough.” He goes on to say: “ No one likes a tough cop until they need one, then they want the toughest cop around.” That statement says something about Murl Harpham and his method of policing. What does an "olive branch of peace" actually mean? What does "become tough" really mean? More important than physically “tough cops” are emotionally and psychologically tough people that are secure within themselves and in their legitimacy as a person and as equal citizens of the community they serve. Only then when they extend their “olive branch” can people accept it. Where in most cases eliminating the need or opportunity to get, become or show how “tough” they are.

Now to the reason I posted the picture in today's Times-Standard: Car runs stop sign, resulting in four-car collision. Murl Harpham asserts, and every citizen in Eureka needs to hold him accountable: “There are no politics with law enforcement. We simply preserve law and order, enforce the laws and protect and serve all the citizens of our town.” That means, at least to this writer, all the people in Eureka that deliberately “run stop signs” violate the law whether they cause wrecks, not collisions, or not.

Murl Harpham also says, and I believe probably the most important thing he said except giving out his telephone numbers, (441-4068 and 441-4095) : In their everyday job, “we do require your assistance as we can't do this alone. Law enforcement is every citizen's duty. Tell us where the problem areas are, and they will be dealt with forthwith.”

“EVERY CITIZEN'S DUTY.” -- "DEALT WITH FORTHWITH.”

For some years the citizens of “our town” were not satisfied with how they were being policed, so they tried a different approach. They voted in a different city council that was willing to hire a supervisor (Police Chief) with a different style of operating. Yet when push came to shove they were not willing to risk fully supporting him in implementing this “new” style of, as some say, “forward-thinking.” Consequently, without the actual, de facto support of the majority voters in Eureka and their Council, neither the Police Chief or the full compliment of officers possessed any authentic legitimacy. Without legitimacy the police officers, same as anyone else, must first protect themselves. Consequently, the citizenry gets the kind of “tough,” gang-type policing Jeffrey Schwartz identified in his Open Letter to the District Attorney.

“Every citizen's duty” is best expressed by simply obeying the law – STOP AT THE DAMNED STOP SIGN. And that includes EVERYONE, police officers as well. This is how you actually SUPPORT your police and legitimize their right to serve and protect. While Murl Harpham and the Eureka Police Department do not directly answer to the people, their very existence is derived from the consent of Eureka citizens. When Murl Harpham says they first offer an olive branch, everyone should realize this is what he's talking about, willing and immediate "consent." No law enforcement officer can tolerate being deligitimized, specially when he believes he's dealing with a "bad guy." The consequences for refusal or failure are obvious. At that point the enforcing officer becomes the law, and matters get personal.

When everyone is thumbing their noses at the law they are impugning the very right and legitimate existence of all those enforcing those laws. I believe Murl Harpham understands this simple reality and is the reason why he is asking everyone to give to the EPD what they were unwilling or incapable of giving to Garr Nielsen - meaningful or actual support.

“Every citizen's duty” from the Police Chief's point of view is to have everyone “tell them were the problem areas are.” Well, Chief of Police Murl Harpham, one BIG problem area is traffic enforcement. No one stops or even intends to stop at stops signs. It may seem like a small thing compared to a “bad guy” threatening someone with a gun. Well, those cars used by those “bad guys and girls” are just as lethal.

What do you see in that picture? What do you think all of those "children" are learning that watched this wreck unfold? Are they learning that the innocent victim, the one that trusted that their fellow motorists will NOT miss a stop sign, let alone RUN one deliberately? Are they learning that it is the innocent victim that always gets hurt or killed? Or are they being taught that people can freely cause a wreck, deliberately injure an innocent person and walk free - not get arrested, handcuffed and taken off to jail and made to answer for their physical assault and the personal damage they cause?

I hope that everyone in Eureka, if not Humboldt County, takes to heart Murl Harpham's offer.

--Joe

Ever Been Fired Without Cause?

Ever been blocked on Facebook or Twitter? Just terminated and told to go to hell? It's the same thing.
The front page headline in the Saturday, June 25, 2011, Times-Standard was: EPD Chief Nielsen fired after 4 years – EPD chief out after 4 years; Harpham named interim replacement.

When you read what Thadeus Greenson reports how and what happened, you've got to agree that what was done to Garr Nielsen was about as dirty as it gets. It was a personal insult, it sent a clear and concise message, exactly as it was designed to do. Let no one doubt in the City of Eureka who rules.

I suppose that works for the status-quo “good ol' boy network. Yes, there's a good ol' boy network, maybe even two of them. But even more in the sewer category is the fact that it was all done in secret. This case certainly makes it clear who runs the town of Eureka and that this person is NOT answerable to the citizens of Eureka. Nothing and I mean NOTHING ever changes in Eureka or Humboldt County.

Here's a link to another Times-Standard article that gives more background on this "personnel change" that affects the lives of everyone living in Eureka. Here's what Thatdeus Greenson wrote April 26, 2011 in his article: Four years later: Eureka police chief's tenure filled with change, tumult and community praise.

Four years later, officials say some old wounds have been healed and some old wrongs righted, but the ride has been anything but smooth. However, most say EPD is light-years ahead of where it was before Nielsen's arrival. [Emphasis added]

"Light-years ahead" sounds like a "crock-of-crap-snow-job" to me.

By the way, the problem with what happened is NOT with David Tyson. He's obviously doing exactly what everyone wants or he wouldn't still be the City Manager. The problem is with the City Manager type of city government. Based upon Garr Nielsen's public statements it's obvious who the REAL Chief of Police was - David Tyson. In the Report's observations, whether or not Garr Nielsen was either a "good" or a "bad" Chief of the Eureka police is not the issue. Obviously, neither the City Council or their City Manager had any justifiable "cause" for firing him. The irony of this whole mess is that Chief Nielsen got a dose of his own purgative medicine and he obviously didn't like it much.

Did Nielsen leave the legacy he had hoped for? Not when the City of Eureka was looking for and entertaining a Sheep Dog rather than a Shepherd.

--Joe