How to resolve AdBlock issue? 
News
On Friday, county Registrar of Voters Diane Fridley began counting unprocessed vote-by-mail – or absentee – ballots as well as provisional ballots.
All told, Fridley said there were 3,081 unprocessed absentee ballots, 148 votes cast on eSlate election machines and 537 provisionals – 5 of which also were cast on the eSlate – still to count.
That totaled approximately 3,766 ballots that still needed to be figured into the overall election results, said Fridley.
In addition, there were a couple hundred vote-by-mail ballots that came up as blank in the ballot counting machine because the voters had used pens rather than No. 2 pencils, Fridley said.
The Registrar of Voters Office began processing absentee ballots May 19, and first reported counts for those ballots Tuesday after 8 p.m. By the end of election night, Fridley's office reported that 6,151 absentee ballots had been cast.
The official canvass began Wednesday morning. Fridley said she has 28 days to complete and verify the final count.
“We're moving right along,” Fridley said Friday afternoon.
Fridley said it's rare for the absentees and provisionals to change an election's outcome.
However, she pointed out that it is possible that the uncounted ballots could impact the very close district attorney's race.
That contest saw challengers Don Anderson and Doug Rhoades with 4,088 and 3,463 votes respectively, while incumbent Jon Hopkins took third place with 3,258 votes.
Only 205 votes separate Rhoades and Hopkins, a narrow margin that the yet-to-be-processed ballots could affect, Fridley said.
She said she didn't expect a change in the standings of the sheriff's race, which had Francisco Rivero placing first with 4,297 votes, followed by incumbent Rod Mitchell with 3,852 votes and Jack Baxter with 3,008 votes.
Processing the absentee and provisional ballot is a time-consuming process, Fridley said.
Registrar of Voters staff must check the voters' signatures, addresses and ballot types, compare them to registration records and then sort them into the appropriate precincts, she said.
Provisional ballots, according to the California Secretary of State, are ballots used by first-time voters, absentees who show up to vote in person, those who have moved within their county without reregistering and anyone whose name doesn't show up on the polling place roster for an unknown reason.
The provisionals must be looked at individually to make sure that people who submitted them are registered to vote, which takes research. Some people also will submit a provisional ballot to vote for a different party that that they're registered for, which isn't allowed, she said.
Ballots submitted via the eSlate voting machines take even longer, she said.
For what is supposed to be a paperless process there is a lot of paper; Fridley said the electronic ballots must be printed out and compared to paper trails, then her staff must mark the choices on Mark-A-Vote cards and count the ballots in the precincts from which they came.
Fridley said she also was watching for write-in candidates on the ballots. She was noticing that people were writing in candidates from different parties on their ballots this year, an issue which may result from the fact that California's primaries haven't been open.
On Tuesday, Californians voted to implement open primaries. But Fridley can't say how California voters' decision to accept an open primary for the state will affect her job. Fridley said the open primary must first withstand likely court challenges.
E-mail Elizabeth Larson at
In response to the heightened fire danger, Cal Fire is increasing its staffing and urging the public to be extra cautious this weekend.
“The grass across the region is already dying or dead,” said Chief Andy McMurry, assistant deputy director for Cal Fire.
“Our firefighters are ready to respond to any wildfires, but we really need to the public’s help in preventing fires.”
On Friday, Cal Fire began prepositioning many of its air tankers from the department’s maintenance base at McClellan Air Park in Sacramento County to its air bases across Northern California. Throughout the winter the aircraft undergo extensive maintenance preparing them for firefighting activity.
Cal Fire has staffed its airbases in Southern California since the beginning of May, where conditions have dried out earlier.
The red flag warning stretches from Redding to Modesto and into the East Bay from 11 a.m. Friday to 8 p.m. on Saturday due to a combination of warm temperatures, low humidity and gusty winds.
Cal Fire officials are urging the public to remain extra vigilant this weekend and help them prevent fires.
Here are some tips to help prevent wildfires:
Don’t mow weeds after 10 a.m.
Never use a lawn mower in dry grass.
Completely extinguish any campfire.
Make sure cigarette butts are properly extinguished and never thrown outside.
For more fire safety tips visit the Cal Fire Web site at www.fire.ca.gov or www.ReadyForWildfire.org.
Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .
The duties of a trustee carry great responsibility. In the case of family trusts managed by nonprofessional trustees, these duties involve responsibilities that are most often beyond the trustee’s expertise and experience.
Such trustees find themselves in a dilemma because they must actively administer the trust, but do not possess the expertise to do so without assistance. How then can a nonprofessional trustee – who was selected because of his or her familial relationship and position of trust – competently manage the assets and affairs of the trust? Let’s examine the trustee’s options.
Investments and management functions are important areas that require special competence not usually possessed by a family trustee.
Fortunately, a trustee may delegate these investment and management functions when it is prudent to do so under the circumstances. Such prudence requires that the trustee exercise care in selecting the investment advisor, establish the scope and terms of the advisor’s engagement, and periodically review the advisor’s performance and compliance with the terms of his or her engagement.
Prudently delegating such responsibilities protects the trustee from liability for the investment and management of trust assets so long as the trustee periodically oversees the actions of the trust advisor.
Should the trustee, in his or her periodic reviews of the trust advisor, discover any wrongdoings committed by the advisor, the trustee is personally responsible to make the advisor rectify the situation.
Failure by the trustee to act prudently, or active concealment by the trustee of any wrongdoings committed by the advisor, will make the trustee personally liable to the beneficiaries for any damages.
Except in the case of investments and management, a trustee may not delegate discretionary decision-making to a non trustee.
A trustee is selected because of the trustee’s personal judgment and so must use that judgment independently. For example, the trustee is responsible for deciding when and how to make discretionary distributions to, and on behalf of, the beneficiaries.
A trustee may, of course, consult with trust advisors in any and all areas that require or would benefit from professional expertise, such as in the areas of law, accounting, and taxes. Whenever a trustee consults an expert – but does not delegate responsibility to the expert – the trustee must still make his or her own decisions regarding the issues confronted.
Unlike a trustee who prudently delegates, a trustee who consults is personally responsible for making decisions and taking actions. Any time the trustee acts based on the recommendations of hired advisors, the trustee should keep records of the advisor’s recommendations, the trustee’s decisions (together with reasoning) and the trustee’s action.
A trustee may also hire agents to carry out so-called ministerial (day-to-day) activities that do not require any particular expertise or discretion. Such ministerial actions would be routine tasks that can be undertaken by an agent acting under the direction of the trustee.
The trustee is responsible for prudent selection of the agent, periodic oversight, and correcting any errors made by the agent. A trustee who acts prudently (as described) will not be liable to the beneficiaries for the agent’s own wrongdoing.
To conclude, any person entrusted with the duties of trustee is expected, and indeed should be encouraged, to utilize professional advisors.
Trustees may also hire agents, when necessary, to complete the day to day ministerial activities that do not require the trustee’s personal judgment.
Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 1st St., Lakeport, California. Dennis can be reached by e-mail at
Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .
HIDDEN VALLEY LAKE – A local physician has been arrested and charged with the sexual battery of one of his patients.
The arrest of Corey Marcell Warner, 41, of Hidden Valley Lake on Thursday followed nearly a year of investigation into a report made by a female patient, according to Capt. James Bauman of the Lake County Sheriff's Office.
Bauman said in July of 2009 a Middletown woman had reportedly gone to Warner’s practice at Hidden Valley Medical Services in Hidden Valley for an examination.
The woman later alleged that Warner conducted himself inappropriately during her visit, Bauman said.
Bauman said deputies arrested Warner at his Hidden Valley Lake home without incident at about 5 p.m. Thursday on a felony warrant signed by Superior Court Judge Stephen Hedstrom.
Warner was booked at the Lake County Jail on a charge of sexual battery involving a restrained person, according to his booking sheet. He was released late Thursday evening after posting $10,000 bail.
Bauman said no further case details currently are available for release, and the case is pending further investigation.
Anyone with information on this or any other criminal matter is encouraged to contact the Lake County Sheriff’s Department at 707-262-4200.
Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .
LAKE COUNTY – The state has withdrawn proposed cuts announced late last month that would have affected crime victims' restitution claims processing and closed three offices around the state dedicated to that task.
The Victim Compensation & Government Claims Board (VCGCB) announced the cuts late last month but changed the plans about a week later, officials reported.
Rather than going through with the proposed closures and 12-percent budget cuts for counties, the agency will make administrative-level cuts, said Lynn Margherita, a VCGCB spokesperson.
“The clear message is, we don't want victims to suffer,” she said, adding that the situation for the VCGCB and the services it offers is still unfolding.
The VCGCB works with prosecutors and probation officials around the state, as well as the California Department of Corrections and Rehabilitation and the Franchise Tax Board, to collect funds for the State Restitution Fund.
According to the VCGCB, the State Restitution Fund is a “key funding source” for crime victims, and is supplied by restitution fines, diversion fees, restitution orders and penalties paid by criminal offenders.
The agency reported that it also receives federal Victims of Crime Act funds, which come from penalties paid by offenders convicted of federal crimes.
Debbie Wallace, program administrator for the Lake County Victim-Witness Division, said the funds are used to support a wide range of services for crimes victims and their families – from medical and dental care to counseling, home and vehicle retrofits if a crime leaves someone with physical disabilities, and funeral expenses.
Wallace explained that crime victims either apply directly or the Victim-Witness Division goes to them as a result of case filings. The only real requirement for qualifying is that the person cannot have participated in the event.
Last month, the VCGCB notified district attorneys around the state that it was planning cuts to the 21 joint powers agreements it holds with counties, according to Jon Myers, VCGCB deputy executive officer for legislation and public affairs.
“It didn't come easy,” Myers said of the decision, adding, “It was kind of a last resort for us.”
In addition, three counties – Sonoma, Humboldt and El Dorado – initially received letters notifying them that the board's offices in those locations would be closed, Myers said.
Lake County's claims are handled in the El Dorado office, Myers said.
Wallace said the Lake County Victim-Witness Division processed 250 victims' claims last year. The annual monetary amounts of the claims aren't tracked.
Margherita said the office closures weren't a reflection on staff performance, but more about caseload size.
“The counties that were slated to close represented about 6 percent of our operating budget,” she said, but they only processed 3 percent of the total applications.
Myers added, “We had to look at who can overlap and fill in the most effective way,” which is why the three counties in particular were chosen. He explained that many of the 21 joint powers agreements across the state cover several counties.
The closures proposal grew out of a need to close a gap in the VCGCB's funding. The State Restitution Fund has been decreasing and could become insolvent, Margherita said. Therefore, the VCGCB was taking action to try to protect the fund.
Myers explained that the State Restitution Fund had in recent years shown some modest increases and had even built up a healthy reserve.
However, in the 2008-09 budget year the state borrowed $80 million from the State Restitution Fund to meet other needs, Myers said.
“There wasn't any payback time frame put on that,” he said.
Adding to the situation, over the last year the State Restitution Fund has fallen as much as 9 percent below its anticipated revenue. Myers said that is believed to be due to the economy, with criminal offenders unable to get jobs in order to pay their required restitution.
“That kind of caught us all off guard,” Myers said of the fund's dwindling resources.
Lake County District Attorney Jon Hopkins said his office received an e-mail notifying it of the office closures.
“Our staff was concerned because of the good working relationship we have with the El Dorado staff in getting victim compensation claims processed quickly and accurately,” Hopkins said.
Sonoma County District Attorney Stephen Passalacqua released a statement in which he said his office was notified by the board in a May 20 letter that the Sonoma County’s Victims Compensation Program Agreement would be terminated effective June 30, with no prior notice or consultation, and that 12-percent cuts were planned to county contract services across the state.
Passalacqua said the cuts would have completely shut down Sonoma County’s program, leaving victims with no means of submitting claims forms and receiving assistance locally for losses resulting from their victimization.
It also would have meant the loss of three and a half employee positions, including the layoff of two employees with 44 years’ expertise in the field, Passalacqua's office reported.
The counties weren't going to lose services altogether; instead, Myers said the work handled by the offices slated for closure was going to be moved to neighboring counties or sent to the board's Sacramento headquarters.
However, Hopkins said the quickness of the response to Lake County's claims would have been affected, especially if it was lumped in with larger, metropolitan areas.
“We heard back from a lot of the counties,” said Myers. “We knew it was hard.”
Passalacqua reported that he, other district attorneys and the California District Attorneys Association protested the decisions.
As a result, Myers said Julie Nauman, the VCGCB's executive officer, asked her staff to come back with a set of new proposals. The board subsequently decided to tighten its belts more in-house at its headquarters.
About a week after the initial letter went out about office closures and cuts to the joint powers agreements, the VCGCB sent another letter notifying district attorneys that the closures and cuts were being rescinded, Myers said.
Hopkins said the victim advocates who work in his office's Victim-Witness Division were very pleased that the closures and cuts were being rolled back.
Passalacqua, who was “thrilled” to receive that news, said the cuts would have been “a devastating revictimization of crime victims by removing local crime victims’ compensation services along the Northern California coast from San Francisco to the Oregon border.”
He noted that his unit's performance has bucked the statewide trend and actually increased Sonoma County's contribution to the State Restitution Fund over the last several years.
Passalacqua cited a December 2008 state audit that he said showed the value and efficiency of serving crime victims at the local level as compared to the state.
He said the audit also suggested the VCGCB work to increase the number of victims served through the units at local centers.
E-mail Elizabeth Larson at
Education
Health
Business
Obituaries
Veterans
Recreation
Religion
Arts & Life
Government & Politics