Well now, it turns out there were actually three emergency declarations for Mono County at the same time! Who would have guessed? Apparently, the winter storms that rolled through Mono County in December (13-29) prompted Sheriff Ingrid Braun to declare a local emergency due to severe winter snowstorms. Sheriff Braun declared the emergency under California Government Code section 8630, claiming that these winter storms created a scenario in which, "by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the county and require the combined assistance of other political subdivisions". Sheriff Braun declared the emergency for winter snowstorms on January 6th, 2022, 8 days after the last storm came through Mono County. That means Braun did not declare the emergency because the storms were "likely" to be beyond the control of the services, personnel, equipment, and facilities of the county. As the last storm happened 8 days prior. Which indicates that Ingrid Braun had evaluated the facts on the ground and deemed that the situation absolutely required combined assistance of other political subdivisions. That there was in fact, an emergency! Or did Braun make a false claim of an emergency? [CA Gov Code 8630 (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.] As required by California Government Code section 8630, on January 11th, 2022 the board of supervisors voted 5/5 on the resolution to ratify the local emergency for severe winter snowstorms. That is the correct course of action assuming there is ample evidence to support the claim of an emergency. [CA Gov Code 8630 (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.] Perhaps those of you reading this article remember those emergency conditions? If so, please feel free to use the contact us form and give a detailed description of the emergency conditions as you might recall them. Apart from Highway 395 being shut down for a few days, some road closures, some downed trees, and what everyone in town referred to as, "sick pow", there did not seem to be any emergency. Maybe the multi-day highway shutdowns and road closures required the combined assistance of other political subdivisions? Regardless, the main focus here is the question of when exactly did the earliest possible date that conditions warrant terminating the local emergency occur? On March 8 2022, the De Facto Mono County Board of Supervisors voted 5/5 to terminate the local emergency due to severe winter snowstorms. According to local government officials, there were 61 days that emergency conditions existed from the severe winter snowstorms in December. Was March 8th really the earliest possible date that conditions warranted terminating the emergency for severe winter snowstorms? The Mammoth Mountain snowfall history shows January 2022 at 0 inches of snowfall and February 2022 at 7 inches of snowfall. Yet, Sheriff Braun and the de facto Mono County Board of Supervisors claimed emergency conditions for severe winter snowstorms existed from Jan 6th-March 8th. How can emergency conditions for severe winter snowstorms exist for two months with almost no snow? The obvious answer to that questions is they can not. That makes three separate local emergencies in Mono County, simultaneous to boot, that are based on fraudulent claims of an emergency. Can someone please show us where exactly in the law it says a criteria for an emergency condition is that you want money? This is clearly a false claim of an emergency from both Sheriff Braun and the Board of Supervisors. If not right from the start, than certainly by January 11th when they voted to ratify the emergency declaration. In the video clip below, Sheriff Braun admits that there was no damage from the winter storms. Additionally, Braun mentions that the California Office of Emergency Services declined their request for Mono County to be added to the list of counties in governor Newsom's proclomation for winter storm recovery support. Sheriff Braun states that the Office of Emergency Services declined to add them to the governors proclamation because, "we did not have anything to support it at the time". The request to be added to the governors list of counties impacted by winter storms happened on January 11th. If they did not have anything to support the claims of an emergency at the time, then they are required by law to terminate the emergency. However, that is not what happened. Instead they broke the law and kept the emergency declaration in place while attempting to get financial and material support.
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Do you think keeping a local emergency going solely for funding is the right thing to do? Are there particular circumstances justifying such an act? Is it legal? Mono County Inc. is currently under two separate declarations of health emergency. The one covered in this segment is for the Mountain View Fire, which burned down over 80 structures and claimed one life. The Mountain View Fire started on Nov. 17th, 2020 at 12:15 p.m. Somewhat ironically, absent the fires, the Mountain View Fire started on the exact same day in which just hours prior, the de facto Mono County Board of Supervisors voted 5/5 to terminate a different already existing local emergency for severe wild fire that was declared on September 18th 2020 by Sheriff Ingrid Braun. Full containment of the Mountain View Fire was finalized on Dec. 11th, 2020. As of March 1st 2022 the emergency declaration for the Mountain View Fire remains in place. That makes well over a year of an emergency for a fire that had a total burn lifetime of 24 days. The argument Mono County Inc. has been using to continue the emergency is that the structures and materials burned in the fire created toxic debris, ash and soil. For over a year and 3 months now the county has been in the process of remediation of hazardous material. Alright, so what exactly is the problem with all that? Well, you have to dig a little deeper to find where cleaning up hazardous material goes from what sounds like a good idea to something that is being exaggerated to continue an emergency declaration. The first thing one needs to consider here is that the de facto government has laws in place that address what constitutes an emergency. The second thing people should take into consideration is that the law does not care about our feelings or what we believe is right or wrong. A flawed system in many respects perhaps, but the law is designed to prevent crimes from occurring and describe the penalties when a crime is committed. Whether committed by individuals, corporations, or governments, nothing is exempt from the law. Or is it? Now to dig a littler deeper. For months, almost all the hazardous material removal and remediation has been completed. There are only a handful of properties left that have not completed the remediation process. You read correctly, only a handful of properties... now I ask the reader, do you consider those circumstances to qualify as an emergency? Regardless of yes or no, there are laws that describe exactly what constitutes an emergency, which we will take a closer look at shortly. Let's see what the Mono County Inc. is saying about their reasons to continue the local emergency for a handful of properties: "Continuation of the declared emergencies supports the County's eligibility for state disaster assistance while debris efforts are still underway. Debris removal costs are eligible for reimbursement only when there is an immediate threat to public health and safety". Mono County Inc. is labeling a handful of properties still awaiting the remediation process, "an immediate threat to public health and safety". Lets look up the definition of immediate. Immediate - occurring, acting, or accomplished without loss or interval of time : instant How much of an immediate threat to public health and safety are these properties really? Enough to constitute an emergency? Let's take a look at how the law describes what qualifies as an emergency in regard to fire and hazardous material and when those qualifications expire. The most relevant law for a local health emergency not under the California Emergency Services Act is California Code, Health and Safety Code - HSC § 101080: Whenever a release, spill, escape, or entry of waste occurs as described in paragraph (2) of subdivision (b) of Section 101075 and the director or the local health officer reasonably determines that the waste is a hazardous waste or medical waste, or that it may become a hazardous waste or medical waste because of a combination or reaction with other substances or materials, and the director or local health officer reasonably determines that the release or escape is an immediate threat to the public health, or whenever there is an imminent and proximate threat of the introduction of any contagious, infectious, or communicable disease, chemical agent, noncommunicable biologic agent, toxin, or radioactive agent, the director may declare a health emergency and the local health officer may declare a local health emergency in the jurisdiction or any area thereof affected by the threat to the public health. Whenever a local health emergency is declared by a local health officer pursuant to this section, the local health emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the board of supervisors, or city council, whichever is applicable to the jurisdiction. The board of supervisors, or city council, if applicable, shall review, at least every 30 days until the local health emergency is terminated, the need for continuing the local health emergency and shall proclaim the termination of the local health emergency at the earliest possible date that conditions warrant the termination. Here are some of the possible arguments that Mono County Inc. would use for their interpretation and use of this law; [A fire burned down structures creating hazardous material. The local health officer declared a health emergency due to the immediate threat the hazardous material posed to the public. The immediacy of the emergency conditions persist until all hazardous materials have been removed with no deadline. The emergency conditions that exist on the properties in Walker not cleared of hazardous materials remain an immediate threat to the entirety of Mono County. The earliest possible date that conditions warrant to terminate the local health emergency have not manifested.] Quite the stretch of an interpretation. The definition of immediate is of particular importance here, immediate does not last long. Once the public was informed about the threat of hazardous material in the area and the public was blocked off from the area the threat was no longer immediate. The immediate threat of the hazardous material had come and gone because people were made aware of the potential hazard. Another flagrant violation of this law is that the threat to public health does not exist for anyone outside of the area affected by the fire. Anyone outside of the Walker area is not in any danger from the hazardous material, yet the emergency encompasses the entirety of Mono County. Furthermore, there are only a handful of properties left that have not completed the remediation process, therefore, there is little threat to public health even for those in the burn area. The conditions for the need to continue the local health emergency no longer exist. The eligible emergency conditions ceased to exist when the immediacy of the situation resided. A situation that resided well over a year ago when the immediate threat to public health ended. There is simply no emergency occurring due to the Mountain View Fire and the law clearly defines when the emergency declaration must be terminated. There is only one reason to keep the emergency in place and Mono County Inc. officials admit to it. They are keeping the emergency declaration in place to remain eligible for funding from state and federal agencies. When a de facto official or governing body lies about an emergency and disaster to gain financially, according to their own laws, it is an act of fraud. Committing fraud in this nature is a violation of California Penal Code 148.3 PC, a California statute that makes it a crime for a person to make a false report of an emergency. Committing fraud in this manner is also a violation of 18 US Code 1040 which makes it a FELONY to perpetrate fraud in connection with major disaster or emergency benefits. Lastly, not terminating the local emergency for the Mountain View Fire at the earliest possible date that conditions warrant is a violation of Health and Safety Code 101080. In the video clip below, Justin Nalder (solid waste superintendent) calls the efforts taking place in this fraudulent state of emergency, "recovery efforts". The words "recovery efforts", indicate the emergency has come and gone. If there is still an immediate threat to public health from hazardous material as the de facto Mono County Board of Supervisors states, why are people living in the area? De Facto Mono County - Keeping A Local Health Emergency Going Solely For Funding Part 2: Covid-193/1/2022 What is an emergency? Let's look up the word emergency and see how it is defined. EMERGENCY 1 : an unforeseen combination of circumstances or the resulting state that calls for immediate action 2 : an urgent need for assistance or relief Alright, so the word emergency is very clearly defined, not much room for interpretation here, unless you are the de facto government. Let's breakdown the definition of emergency and apply this to the alleged health emergency for Covid-19. The other health emergency declared by the de facto Mono County government. Was Covid-19 an unforeseen combination of circumstances? Depends on who you ask I suppose. Covid-19 was first reported in the mainstream media on December 2019 which had watchful eyes on it months before the declaration of emergency in March 2020. Okay then, ask yourself, when did the unforeseen combination of circumstances that defines what an emergency means go from unforeseen to seen? Technically, around three months of mainstream media coverage means Covid-19 was not unforeseen, but perhaps one could argue that the combination of circumstances caused by the alleged Covid-19 virus were unforeseen. Although, since this is not the first alleged pandemic the world had experienced before, maybe the argument for unforeseen combination of circumstances is actually not applicable. You be the judge. About three months after Covid-19 made its first appearance in the mainstream news, in March 2020, the US Inc., all 50 de facto state governments, and Mono County Inc., declared a state of emergency for Covid-19. Once the declaration of emergency was declared the argument for an unforeseen combination of circumstances could no longer be used as it was now seen. The second part of the definition of emergency was all that was left. "A resulting state that calls for immediate action or an urgent need for assistance or relief". We covered the definition of immediate in part one Mountain View Fire, but we will look at it again as well as the definition of urgent. These words are in the definition of emergency for a reason. These two words are crucial for understanding that an emergency is not something that persists. Immediate - occurring, acting, or accomplished without loss or interval of time : instant URGENT - calling for immediate attention : pressing Both urgent and immediate are words that indicate a low timeline threshold. Something that is immediate or urgent does not last very long. For example, your house is on fire, the need to put out the fire before it burns the house down is immediate and urgent. Another example could be a heart attack or stroke. These health issues are urgent by default and require immediate attention. If any of these examples affected you or someone you know, would you call these a family emergency? How long would you call it a family emergency? Would you still call it an emergency in a present tense days or weeks after it happened? Or would you refer to the emergency in past tense and consider it to be over once the event took place and was no longer immediate and urgent? Alright, English lesson over. Hopefully we are all on the same page now when it comes to the definition of emergency. March 2020, a declaration of emergency was declared for Covid-19. Two weeks to flatten the curve was the call for immediate action in the second part of the definition of emergency. Once the immediate action, urgent assistance and relief took place, the definition of emergency had been used up. There was no longer any immediacy or urgency to the situation as a whole. When you or a loved one are sick and have a health emergency, is that also an emergency for your friends and neighbors? How about your fellow country men and women? Most common sense capable people would agree that you or your loved one's emergency is limited to just you and those immediately affected. However, the de facto government's misuse and misinterpretation of the word emergency would make your personal health emergency applicable to everyone. For the common good of course. Some people might read that last paragraph and scoff, thinking that Covid-19 was different, that it was not just as simple as a personal health emergency because so many people getting sick at the same time would over run the hospitals. That is what the mainstream media and de facto government officials argued was it not? They told us we needed two weeks to slow the spread. They told us we needed to mask, social distance and wash our hands. They forced a lock down on us and implemented a blueprint for a safer economy and called it the new normal. They told us is it was not safe to gather and prevented us from visiting our loved ones in care facilities. They imposed restrictions on our private property, business operations, recreation and travel, and issued stay at home orders and curfews. They even initiated a military operation on American soil called Operation Warp Speed. They said we needed to take experimental vaccines if we wanted to end the alleged pandemic. They passed a 2.2 TRILLION dollar bill known as the CARES Act (The Coronavirus Aid, Relief, and Economic Security Act) on March 27th 2020. All of the above measures they claimed needed to be implemented in order to prevent our hospitals and emergency services from being over run. Even after all of these measures played out, and the majority of people took the experimental injections falsely claimed as vaccines, they still made that same argument. Even after 2.2 trillion dollars and 18 months time to increase hospital ICU capacity, train hospital staff and reinforce emergency services, they still made the same fucking argument for the alleged Delta variant! If you are still scoffing you need to seek professional help immediately! It's an emergency! Just don't get your help from de facto Mono County behavioral ill-health agent Robin Roberts. They are a true believer that we all need to cope in a Covid world, their new normal. Robin is likely clinically insane to boot, and if you are still scoffing this late in the game, you are as well. The next thing we will unpack is how Covid-19 as a declaration of local health emergency has been abused and misused in the context of the law. What conditions must be met in order to declare a local health emergency for an alleged virus? What criteria must occur to keep a local health emergency in place? The main law for a local health emergency for a virus is also the same law for when a fire creates hazardous material. Although, there are some differences in the language we need to focus on (see underlined). California Code, Health and Safety Code - HSC § 101080: Whenever a release, spill, escape, or entry of waste occurs as described in paragraph (2) of subdivision (b) of Section 101075 and the director or the local health officer reasonably determines that the waste is a hazardous waste or medical waste, or that it may become a hazardous waste or medical waste because of a combination or reaction with other substances or materials, and the director or local health officer reasonably determines that the release or escape is an immediate threat to the public health, or whenever there is an imminent and proximate threat of the introduction of any contagious, infectious, or communicable disease, chemical agent, noncommunicable biologic agent, toxin, or radioactive agent, the director may declare a health emergency and the local health officer may declare a local health emergency in the jurisdiction or any area thereof affected by the threat to the public health. Whenever a local health emergency is declared by a local health officer pursuant to this section, the local health emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the board of supervisors, or city council, whichever is applicable to the jurisdiction. The board of supervisors, or city council, if applicable, shall review, at least every 30 days until the local health emergency is terminated, the need for continuing the local health emergency and shall proclaim the termination of the local health emergency at the earliest possible date that conditions warrant the termination. We must pay special attention to the first part of the underlined language of HSC 101080 as it sets the parameters for the language that follows. Unfortunately, we need to do another English lesson here so we can truly understand how this law is intended to be used. The words, imminent, proximate, and introduction are of extreme importance here. IMMINENT: ready to take place : happening soon PROXIMATE: immediately preceding or following (as in a chain of events, causes, or effects) INTRODUCTION: the act or process of introducing : the state of being introduced These three words precede the rest of the language in the law so that one can reasonably determine the parameters of its intended purpose. When you read this law with that in mind you will more easily understand how the declaration of emergency has been misused and abused. Here is how a legitimate response from a director or health officer declaring a local health emergency for a contagious, infectious, or communicable disease is supposed to unfold: 1. The director or local health officer reasonably determined Covid-19 was an imminent and proximate threat of being introduced into their jurisdiction (Mono County) and declares a local health emergency. 2. Covid-19 goes from the imminent and proximate threat of the introduction phase to the introduced phase. Meaning Covid-19 is allegedly in the local health officers jurisdiction. 3. After a period of seven days, the local governing authority terminates the local health emergency as it no longer meets the definition of emergency because the immediacy and urgency of the situation has passed. That is how HSC 101080 is intended to be used. Wait just a minute... there is still more language in this law we need to evaluate. The law goes on to say, "the local health emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the board of supervisors". This is where things get a little more complicated. The law does not specify what allows an applicable legislative body (board of supervisors) to ratify the the local health emergency to continue beyond seven days. The only language in the law that gives an idea of what grants the authority to continue the local health emergency comes at the very end. "The need for continuing the local health emergency and shall proclaim the termination of the local health emergency at the earliest possible date that conditions warrant the termination". If we evaluate this language carefully and apply a little common sense, we can safely determine that the authority and legitimacy to ratify the local health emergency beyond seven days stems from the conditions induced by the contagious, infectious, or communicable disease. What conditions would a director, local health officer, or board of supervisors evaluate to determine if the circumstances warranted NOT terminating the local health emergency at the earliest possible date? Well, as we covered earlier, the mainstream media and government made it very clear exactly what those conditions are. The condition of our local emergency services to handle the now introduced contagious, infectious, or communicable disease. What conditions did the local health officials, and de facto board of supervisors find that warranted the continuation of the local health emergency for Covid-19? Were first responders such as paramedics, nurses, doctors, fire, police and sheriff overwhelmed by the conditions caused by Covid-19? What about the local hospital? Was Mammoth Hospital overwhelmed by Covid-19 patients to such an extent that they could not handle the influx of hospitalizations? Was the ICU capacity overwhelmed? The answer to these questions is a resounding NO! Not a single time over 2+ years! The de facto Town Council of Mammoth Lakes and the de facto Mono County Board of supervisors even admitted this in their letter to their Governor, Mr. Newsom. As stated in the letter to their governor, written by the criminals posing as public servants in our local de facto governments; "Our local and regional medical capacities are not seeing the same impacts from Covid-19 cases". "Throughout the pandemic, Mammoth Hospital, the only hospital in Mono County, has been able to operate within capacity, and has yet to experience any surge in Covid-19 patients". "Mammoth Hospital continues to operate in green status". [see the article below titled, "RECAP - A Closer Look At The Jan 7th 2021 Town Of Mammoth Lakes And Mono County's Letter To Their Governor"] This begs the question, what conditions existed that would negate the de facto Mono County Board of Supervisors legal obligation to terminate the local health emergency at the earliest possible date that conditions warrant? Sorry folks, but what if's, maybe this or maybe that are not in the law. The only applicable language we are left with in HSC 101080, is that if a local health emergency is ratified beyond seven days, the local legislative body must review at least every 30 days the need for its continuation. If you thought things couldn't get any more complicated than they already are, you are in for a treat. This brings us to the next layer of de facto government bull shit. Governor Newsom's Proclamation Of A State Of Emergency. The parts of the proclamation that are relevant here are orders number 7 and 8 (linked above). Orders 7 and 8 waive a local governing authority's obligation to review the need to continue the local health emergency every 30 and 60 days respectively. Apparently, the governor thought that if he waived the obligation for local governing authorities to review the need to continue the local health emergency, the local governing authorities would not determine the earliest possible date that conditions warranted terminating the emergency. However, the governors order did not waive the obligation to terminate the emergency at the earliest possible date that conditions warrant. Wow! That is some serious criminal negligence and incompetence! Well now, it seems the governor played the local government officials for fools. Since when did a governor's role encompass both the executive branch of government and the legislative branch? Think about that for a bit. What does that insinuate if a governor can waive the obligation to follow the law? Apparently, the legal counsels for the Town of Mammoth Lakes Inc. and Mono County Inc. think it means that committing fraud is legal. HELLO! A governor's orders do not legalize breaking the law. Bad news for the de facto Mono County Inc. imbeciles that never got the memo from their legal counsels. Order 8 is practically the same as order 7, except it applies to California Code, Government Code - GOV § 8630. A similar law to HSC 101080 but falls under the California Emergency Services Act . California Code, Government Code - GOV § 8630 (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. This law is worth mentioning so we can add it to the list of laws the de facto Mono County government officials are violating. The more laws violated by these criminally insane idiots the more time they spend in prison! YAAAY! Okay, we need to take a step back now. We established that the de facto Mono County government officials have blatantly violated HSC101080 as well as Government Code 8630. Now we need to point out some of the even more serious crimes that occurred when they violated these two laws. When the evidence of an emergency is lacking, or in this case, never existed, and someone makes the false claim that an emergency exists, that is a crime. As we covered in Mountain View Fire part 1, Penal Code 148.3 PC is the California statute that makes it a crime for a person to make a false report of an emergency. No evidence that Covid-19 created the conditions to continue a local health emergency occurred. As admitted by the de facto Town Council of Mammoth Lakes and de facto Mono County governments letter to their governor Ouch, that's a misdemeanor that carries a maximum fine of $1,000 and up to a year in county jail. 18 US Code 1040 also covered in part 1 Mountain View Fire - 18 US Code 1040 makes it a FELONY to perpetrate fraud in connection with major disaster or emergency benefits. Once again, if there is no emergency but you acquire and appropriate emergency funding, that is fraud. Penal Code 504 PC makes a public officer guilty of embezzlement (PC 503) if he or she: fraudulently uses any public property or funds, and uses them in a way not consistent with their official authority. Since there never was an emergency, the official authority to issue emergency funds from FEMA or the CARES Act was done fraudulently. When the amount of public funds exceeds $950.00, which is the case, it qualifies as grand theft – PC 487. Even more prison time and a substantial fine for that one. In conclusion, all de facto governing bodies in Mono County committed fraud with emergency funds under an emergency declaration that has no legal standing. The de facto Town Council of Mammoth Lakes and the de facto Mono County Board of Supervisors illegal state of emergency constituted the circumstances which created a massive chain of fraud in all governing bodies within their local jurisdictions. Watch the short clip below as the de facto Mono County Board of Supervisors openly discuss their intention to end the local health emergencies when funding eligibility dries up. Wow, they really are keeping the local health emergencies going solely for the funding! |
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December 2022
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