Hippies Use Side Door to Mono County

(From December 10, 2013)

By Victor Meier

(Below: Photo of an Exhibition at Burning Man)  

During the Mono County Board of Supervisors Meeting today, Mono County Sheriff Ralph Obenberger addressed the council in a very frank manner reminding the Board of Supervisors that it “does not determine the type of law enforcement services provided to the citizens and/or visitors of Mono County, that is the purview of the Sheriff.” 

In his open letter to the Board of Supervisors as well as the citizens of Mono County, the Sheriff wrote, “The Board of Supervisors has two responsibilities in dealing with my Office. One is to provide a yearly budget and the second is to authorize the number of employees. These responsibilities are delineated in California Government Codes and within those codes it specifically states that the Board shall not affect or obstruct the independent functions of the Sheriff.” This was clearly in response the Board members questioning of his office’s tactics during the December 3, 2013 Board Meeting.

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 However, the California Government Code explains the relationship more in depth and in a little different light. California Government Code 25303 does state what the honorable Sheriff claims it says. Though, it also reads that “The board of supervisors shall supervise the official conduct of all county officers, and officers of all districts and other subdivisions of the county, and particularly insofar as the functions and duties of such county officers and officers of all districts and subdivisions of the county relate to the assessing, collecting, safekeeping, management, or disbursement of public funds. It shall see that they faithfully perform their duties, direct prosecutions for delinquencies, and when necessary, require them to renew their official bond, make reports and present their books and accounts for inspection.”

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After the Sheriff concluded with the Board he walked out with five uniformed officers and another ten, plain clothes individuals. Clearly there was a message intended to be sent. According to the Sheriff’s Office, the people present during the Board Meeting Tuesday were in the Board Room to show their support of the Sheriff and his office. 

An unnamed Mono citizen offered their support to the Sheriff and was quoted in the Sheriff’s letter as saying, “I wonder how many date rapes didn’t occur because you took the drugs off the street.” This display of ignorance about rape and crime only perpetuates the stereotypes that lead to police profiling.

The incidents of rape relating to drugs are not a prevailing concern. In America, according to the US Department of Justice, 87% of rapes were done so by force alone and 2/3 of all sexual assaults are committed by someone known to the victim. Preventing rape and sexual assault requires real police work and investigation into domestic disputes and child endangerment issues. Not from busting the Burning Man Neo-Hippies. This hysterical overreaction followed by erroneous assertions stem from some conditioned Reefer Madness propaganda that resides nowhere near reality. Besides, in a county that relies heavily on tourism revenue, we should be considerate and more inviting. What if Napa County started randomly stopping people with no probable cause other than their proximity to alcohol?

As the Board members stated their concerns and objections to the idea of sobriety check points in Mono County the Sheriff expressed his direct and open objection by aggressively interrupting and then forcefully stating that the check points in question where constitutionally upheld by the Supreme Court. Speed traps and sobriety check points have been upheld by the California Supreme Court and commonly come under fire as entrapment; even so, the Sheriff is correct in his assertion. He could have done so in a much more respectful and tactful way though.

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Intrigued, I personally contacted the Sheriff’s Office to ask some questions and they were so kind as to respond candidly with these answers: (All answers are in their original form with no editing.)

Q. In your letter you state that the Sheriff’s office is an independent, constitutional office. What do you mean by that? What is a "Constitutional Office"?

A. A constitutional office is one that is operated and run by an elected official. Every member of this Office has taken an oath to uphold the Constitution of the United States and the Constitution of the State of California.

Q. Is it not the function of the board to supervise that county and therefore their solemn duty to call into question actions they do not support?

A. The Board of Supervisors has the right to their opinion, and those of their constituents. They do not have the right to dictate how the Sheriff’s Office conducts their operations and performs their law enforcement duties throughout the county.

Q. I counted 14 empty chairs after the Sheriff spoke yesterday then exited with most of the people in the room; including five uniformed deputies. What was the purpose of that showing?

A. The men and women that were in the Board room on Tuesday, were there to show their support to Sheriff Obenberger and the Mono County Sheriff’s Office. Everyone present showed up on their own accord and were not required to be there by the Sheriff in any way. The purpose of the “showing” was of support for the department.

Q. During that display of participation how many officers were on duty and patrolling?

A. There was no lack of patrol coverage throughout the “showing” in the Board room. All staff members present are assigned to the Bridgeport area, and Bridgeport offices. Other department members were there to show support on their own time and day off. There was absolutely no interruption to public safety during the time in question.

Q. Does it concern the Sheriff to take deputies away from police work in order to place them in a centralized location?

A. The Sheriff did not take any deputy away from performing police work and ensuring the safety of our public for the time in question. As stated above, there was absolutely no interruption in our patrol force and to public safety.

Q. When conducting sobriety check points are deputies taken away from patrolling during that time? How many officers are on patrol during sobriety check points?

A. The Mono County Sheriff’s Office does not conduct sobriety checkpoints.

Q. How do feel about the assertion that conducting sobriety check points during the "Burning Man" festivities is profiling?

A. As previously stated, the Mono County Sheriff’s Office does not conduct sobriety checkpoints. For any assertions you are looking for, you will need to contact an agency that conducts these sobriety check points.

 (Below: Image from Reefer Madness)

This statement is concerning to me as the Sheriff’s letter openly discussed the use of what they themselves called "sobriety check points". The Sheriff’s statement is quite emphatically in opposition of that statement, though. Ultimately, it appears as if all is not amicable amongst Mono County leadership. There is a difference between checks and balances and actually regulating the actions of law enforcement and impeding its ability to protect the residents of Mono County. That in clearly not the case and from where I stand not a genuine concern. Furthermore, even though ruled constitutional the debate still occurs as to just how legal these checkpoints actually are. Laws that permit checkpoints are certainly not set in stone and are increasing becoming publicly unfavorable. In this journalist’s educated opinion, checkpoints are not a hill worth perishing on. Moreover, I personally don't want to live in a police state where we are no longer innocent until proven guilty but rather increasingly assumed guilty and charged with proving our innocence.

Our Students’ Needs Must Be Met for Success in the Classroom

Students don’t care what you know until they know that you care.

By Victor Meier

When students do not feel safe with their teachers and school officials, she or he is likely not to of performed as well as students who are comfortable or unaffected.

Years ago, as a society we all agree that it was okay for boys to cry. I grew up in the seventies, so I still remember being promised I would be, “given something to cry about.” Oh joy! Now when our students feel misunderstood they feel unsafe and that is often because the teacher cannot connect with the way the student learns. The student then often becomes disconnected and isolated from the classroom. Most students are not affected this way. This is why understanding the brain, how it has evolved and functions are paramount to effective instruction.

Maslow’s Hierarchy of Needs makes the point that without a student’s basic needs being met there will be no foundation for proper instruction. It is then fair to characterize the whole organism by saying simply that it is hungry, for consciousness is almost completely preempted by hunger. The human brain is “wired” for survival and when the basic needs of the human are not being met it becomes difficult for the individual to concentrate on higher functioning cognitive tasks until hers or his basic needs have been met.

The brain is a survival organ. It is designed to solve problems related to surviving in an unstable outdoor environment and to do so in nearly constant motion (to keep you living long enough to pass your genes on). We were not the strongest on the planet but we developed the strongest brains, the key to our survival.

Theoretical Learning Models and the Evolution of the Brain

Theoretical learning models are just that, theory. There is no one specific way to approach all students. Each student will dictate the way that she or he is best approached. It is up to the educators to assess each student’s preferred learning modality and apply a appropriate strategy. John Wooden stated in his book, They Call Me Coach that he treated all players fairly, though not equally. Each player is a uniquely different person with individual needs. Wooden believed that treating (former players) Bill Walton and Henry Bibby the same way was unfair to both players; because each player was different.  Wooden only lead UCLA’s Basketball Team to 88 Straight Victories that nearly spanned the entire college career of Walton and others.

In the classroom Classic Conditioning is the foundation for how every other learning model will operate. Applying a system or “method madness” allows freedom in that students will always know at every stage in their educational process and throughout their days, what is exactly expected of them. This allows them the opportunity to hold each other accountable. Accountability extends to the instructor as she or he will need to monitor and ensure positive interactions between classmates. When considering the influence of technology in the classroom and how this affects instruction I suggest that teachers use a Social Learning Model for instruction.

It’s the foundational responsibility of the instructor to model the type of work that she or he expects from their students. However, allowing students to assist each other only makes the teacher’s job easier and more successful. Yes, more successful. Many times students have insights into each other’s struggles that the teacher cannot relate to. Admittedly, this is a gray area; however, strong leadership requires involvement and attention to detail. Students sharing information and ideas foster greater understanding of the subject matter. Our ability to understand each other is our chief survival tool. Relationships helped us survive in the jungle and are critical to surviving at work and school today. It all relies on proper accountability and support.

The Effects of Exercise on the Brain

We all know that exercise is good for the body. But it’s incredibly good for the brain too. Exercise zaps harmful stress chemicals. It boosts problem-solving abilities, planning and attention, also. There is no worse environment for the brain than that of the classroom, library, office, cubical, etc. Human beings are wired for movement. The body has evolved in such a way that our movements have been built to conserve energy and therefore requiring less effort and expending less energy. Not to mention preventing brain diseases and protecting the body from illness as well.

Human beings are meant to move and some research suggests that early Paleolithic man traveled up to twelve miles per day. That is the basis for a new exercise and diet trend fashioned around the Paleolithic Era. The human brain evolved under conditions of almost constant motion. From this, one might predict that the optimal environment for processing information would include motion. That is exactly what one finds. Indeed, the best business meeting would have everyone walking at about 1.8 miles per hour. Discussions within a brisk walk… That is definitely something to think about.

Evolutionary Adaptations

The human species has evolved in a very controversial manner with researchers and scientists commonly disagreeing on many aspects of evolution. There are some that believe in the idea of a missing link and others lend less credibility to this theory. All in all these are theories with discrepancies. This is one interpretation of the hominid family “tree,” of which Homo sapiens is one branch. Looking more like a rosebush than an elm, this tree is under constant revision and is not universally embraced.

A version is on display at the American Museum of Natural History in New York. Note how incomplete the story is. Dr. Medina claims that the human brain is composed of three parts; starting with the lizard brain in charge of the human’s basic need like breathing. The paleomammalian brain was then added and associated with what Dr. Medina refers to as “The four F’s” – Fighting, Feeding, Fleeing and… reproductive behavior. Then we added the complex human brain.

Adaptations in our wrists, hips, knees and other joints made us more efficient. Our ancestors used the energy savings to pump up the body not the brain. By comparison to our evolutionary counterparts (Chimpanzees) humans move about four times more efficiently than they do. That simply means that humans use approximately 75% less energy bipedally that quadrupeds do. Humans chose this path as one of less resistance. The strongest brains survive, not the strongest bodies. Our ability to solve problems, learn from mistakes, and create alliances with other people helps us survive. We took over the world by learning to cooperate and forming teams with our neighbors.

Conclusion

Obesity is a major public health problem in developed countries. This factor is a direct correlative to the importance of physical activity and allowing students to engage their physical surroundings. Technology can help bridge this gap with hands on experiences, simulations and academic games. However, this must be tendered with the importance of physical activity (both aerobic and anaerobic exercise). Low levels of physical activity coupled with high levels of television viewing have been linked with obesity in children. A lethargic body will breed an apathetic or lazy brain. At the end of the day the basic needs of students must be met in order to provide a level platform and foundation for education and instruction. It takes more brain power to solve life’s more complicated and complex problems.

 

Our brains became much bigger than our evolutionary counterparts’. In developing the more complex human brain, human beings have run into a problem; multiple meanings that can be applied to specific events or items. Educators must be aware of their students learning modalities and adhere to the difference of interpretation that many occur. It is this ability that has allowed the human race to share information and information is power. This process has allowed human beings to create structure, organization and planning. Dual representation allows us to assign meaning to symbols. From there we created language art, math, etc. This is the basis for how to build a strong mind and body; thereby preparing well rounded students for education. Education greatly reduces one’s willingness to turn to crime and other desperate actions, making educational expense and investment in civilization.

References

Maslow’s Hierarchy of Needs, http://psychclassics.yorku.ca/Maslow/motivation.htm

Your Amazing Brain.org, http://www.youramazingbrain.org/insidebrain/brainevolution.htm

Medina, J. Brain Rules.com; #2 Survival, http://www.brainrules.net/survival

Makenzie, B.A., M.D., R. Tait, Exercise in Education and Medicine, Second Edition. (1909) W. B. Saunders Company, Philadelphia, PA.

The recognition of physical education by teachers has been retarded by dabblers and self-elected professors of one or another systems, who’s extravagant claims have done much to obscure the real educational value of neuromuscular training. (Makenzie, Preface)

Bammann, K; Peplies, J; Sjostrom, M; Lissner, L; Henauw, S; Galli, C; Iacoviello, L; Krogh, V; Marild, S. & Pigeot, I. (2006). Assessment of diet, physical activity and biological, social and environmental factors in a multi-centre European project on diet- and lifestyle-related disorders in children (IDEFICS). Journal of Public Health. 
Harrison, M; Burns, C; McGuinness, M; Heslin, J. & Murphy, N. (2006). Influence of a health education intervention on physical activity and screen time in primary school children: Switch Off-Get Active.’ Journal of Science and Medicine in Sport.

The Middle Class is Dangerous

By Victor Meier

The Phrase “Middle Class” is a misguided term and by using it President Barack Obama is turning Americans against the “Michael Jordans” of our economy, the wealthy, according to Senator Jon Kyl (R) from Arizona.

So, no longer are the wealthy considered just “Job Creators” anymore, they are Superstars now. Kyl elaborated on the subject in a Huffington Post article, saying that President Obama should stop talking about the middle class altogether. Kyl contends that the use of the term middle class is dangerous. During his speech on the senate floor Kyl argued that the President’s statements about the middle class are dangerous because it creates resentment that leads to the weakening of “American values”.

Kyl claims that by sympathizing with the middle class, Americans are ignoring the “uniquely meritocratic basis of our society.” His sentiment flies directly in the face of historical fact and expert economic analysis. Ben Stein, former Republican Presidential Speech Writer and conservative economist told Fox and Friends, “We are going to have to raise taxes on very rich people.” Stein continued to say that he thinks America has a “too low taxes problem.” Kyl ignores the fact that statistically speaking, virtually no one becomes wealthy or even rich because of hard work and saving alone. However, the middle class was built by hard working Americans who were able to save their way to minor prosperity which in turn enriched our economy. Once upon a time this was enough for most Americans.

Meritocracy is a system where advancement is based upon individual ability and accomplishment. This is a theory that has been refuted by business experts like author of the Purple Cow, Seth Godin and authors of Rich Dad, Poor Dad, Robert Kiyosaki and Sharon Lechter. Kyl’s assertion is that even though corporations have had a contentious relationship (at best) with the American worker from the onset of our country, representing workers rights is not good for the economy. Kyl’s correct in one sense. Though the American workers’ pay has flat lined over the last 25 years and union representation has decreased by more than half while corporate and Wall Street profits are at all time highs. The rich have gotten richer.

Below: Senator Jon Kyl (R) from Arizona

Perhaps Kyl views standing up for American workers and protecting their rights as an attack upon corporations and the rights of big business. Maybe Kyl does not see the exoneration of the American working class for what it is, an opportunity to contribute to capitalism. Whatever Kyl’s reasoning is, his message is clear about spreading what the senator calls “economic resentment” by acknowledging the importance of the middle class. Senator Kyl believes that by doing so we are weakening America values.

The fact of the matter is that Kyl either has no idea what it’s like to be poor or even middle class or he is willing to simply throw that entire segment of the American population under the bus. Senator Kyl do you know that a person’s brain and cognitive functions can be weakened by as much as 14% (Poverty Impedes Cognitive Function) due to the effects of poverty? Do you realize that the majority of Americans are going to have to work until the day they die just to be able to afford to live? Are you really expecting to preach these values seriously even though statistical evidence and historical facts have proven that trickledown economics do not work?  The middle class are the engine that runs our economy.

In America the average working person (meaning 40 hours a week 50 weeks a year) still work at least 400 hours more in one year than the average German. That’s over ten weeks more. Germany’s unemployment rate is 5.5% and the economy remains strong. Why is it that Americans are only given fourteen days off a year and yet on average only take twelve of those days off? Why is it that America is the only developed country in the world without so much as even one legally mandated paid holiday?

Perhaps it is the fact that Americans don’t get enough time off and when we get time off from work we still have very little money to travel and see the world with. This contributes to American’s misunderstanding of how the rest of the civilized world operates. Though there are plenty of examples of European countries struggling economically, keep in mind their citizens often have national debt that is lower per capita than American’s individual debt. These nations may be in debt and so is America. At the very least European citizens get something for their trouble.

Kyl is obviously reporting from “the information bubble” as he has no idea what truly transpired in Chicago when Michael Jordan rose to prominence as a player for the Chicago Bulls. "Michael Jordan was given an enormous, almost unheard of salary.” Did the other players say, 'That's not fair?' No, actually all the other players got big salary increases, too," Kyl told the Huffington Post. Not entirely true though. Yes, Jordan’s teammates were paid well. That was only because Jordan agreed to a reasonable salary so the team could afford to pay for good players to surround him with. “If I wanted to be greedy, I could make a lot more money.” -Michael Jordan. 

The Senate has been recently debating over whether or not to extend the Bush-era tax cuts that are largely attributed with the current disparity of wealth in America and the subsequent economic depression. The Bush-era tax cuts were extended to all Americans including the not so fortunate and yet it is the wealthy that have benefited most. Senate Democrats argue that the cuts should be extended for just people earning under $250,000 per year. That includes around 90% of the American population.

The sentiments expressed by Kyl are representative of a larger disdain openly expressed by economic conservatives that claim to be business friendly. In states where these views are prevalent in policy we have the so-called “Right to Work” laws. These laws are known to drive down wages for all workers and yet can be made into a convincing argument for commerce somehow. Right to work laws are discriminatory towards non-union members, women, and people of color. According to the Bureau of Labor Statistics, Americans who live and work in right to work states make an average of $1,500 less yearly than in states where these laws don’t exist and are less likely to have health insurance too.

It’s all the rage to draw analogies with slavery no matter what the cause or issue is. This correlation has been highly overstated. The economic situation American’s are increasingly finding themselves in more resembles indentured servitude than slavery. Americans work, we work hard and we do good work. We just don’t get any reprieve from the work and stress related to a down economy and lack of job security. Americans don’t get any time off and when we do we don’t take it, we use it for overtime. The level of intellect and insight exhibited by senator Kyl is shameful, dismissive and counterproductive to the American economy. It is impossible to sustain a capitalist, consumer based economy when the consumer cannot afford to participate.

References

Scarcity: Why Having Too Little Means So Much, http://www.amazon.com/Scarcity-Having-Little-Means-Much/dp/0805092641

Focus: The Hidden Driver of Success, Goldman, D., http://www.amazon.com/Focus-The-Hidden-Driver-Excellence/dp/0062114867

How Poverty Taxes the Brain, Badger, E. The Atlantic Cities Website. Theatlanticcities.com, (August 29, 2013). http://www.theatlanticcities.com/jobs-and-economy/2013/08/how-poverty-taxes-brain/6716/

Poverty Impedes Cognitive Function, Mani, A., Mullainathan, S., Shafir, E., Zhao, J., Science Magazine, sciencemag.org website, (August 30, 2013). http://www.sciencemag.org/content/341/6149/976, http://www2.warwick.ac.uk/fac/soc/economics/staff/academic/mani/mani_science_976.full.pdf

Jon Kyl Berates Obama For Focus On Middle Class. McAuliff, M. Huffington Post, http://www.huffingtonpost.com/2012/07/23/jon-kyl-middle-class-obama_n_1696826.html

The Patient Protection and Affordable Care Act

 By Victor Meier

Americans have paid more for health care than the citizens of all other industrialized nations and yet Americans rank among the lowest in wellness.

Here is a complete and comprehensive look at the current state of affairs regarding America’s Patient Protection and Affordable Care Act (ACA) and how it pertains to Californians. Beginning with the term entitlement, entitlement is an accounting term and it means a good or service that one is owed. The opposition’s implications have changed the vernacular of the word entitlement and used it to imply that people instead believe they are owed a particular good or service that they in turn do not deserve.

It may be cliché at this point, though it is apropos nonetheless; subsidies provided by American tax dollars to large corporations and supporting America’s Military Industrial Complex are more problematic to the economy than providing basic necessities to its citizens. America is a nation full of workers and consumers. “We are the best consumers on the planet,” says Senator Joe Manchin (D) from West Virginia.

Receiving affordable medical coverage in the world’s so-called richest nation should make sense to a capitalist economy that is completely reliant on its workers and consumers participation. Universal health care works similarly to a membership at a health club or gym. Americans pay their dues already and deserve better than what they get.

Perhaps you are one of the few who have seen their policy cancelled and subsequently increased in cost. If you are a Californian and this is the case, chances are that you were originally paying for health coverage that was subpar and therefore not worth the paper it was written on. The decision about what to charge the insured and whether or not to honor coverage is controlled by the health care provider solely. With record profits recorded by insurance companies the decisions are clearly based on a profit margin.

In other words, the status quo scenario requires one to trust a for profit company to intercede and supersede even your own doctor’s advice and prescribed health care. However, for Californians there are many affordable options available and provided by California’s health care system which is called Covered California. Covered California is America’s largest state insurance marketplace and the most successful so far.

“This (Health Care Reform) is the biggest thing that Government has tried to do in decades,” says Jacob Weisberg, Chairman-Slate, “it’s reforming a massive part of the American economy.” Health care in America makes up one sixth of the United States economy. This simply means that the health care system in America (even after the ACA) is a for profit system that is mainly concerned with its bottom line. Insurance company’s first priority is making money. Even a nonprofit organization may allocate up to 75% of its revenue for administrative costs.

The individual mandate was a compromise that was made between Democrats, insurance companies and Republicans. Insurance companies claimed this is the only way to cut individual policy costs, citing the law of supply and demand. President Obama as Democratic Candidate Obama originally opposed the individual mandate. Perhaps this is why the penalties resulting from incompliance of the law are the least strenuous of all Internal Revenue Service (IRS) punitive actions?

The individual mandate only applies to those who can afford to pay for an insurance policy. The cutoff point is households with family incomes around $95,000.00 per year. The cost of the penalty gradually increases over the next three years and is about the same cost as that of an annual health insurance policy. This stands to reason due to the fact that in this time you are guaranteed medical coverage. The mandate does provide accountability for all Americans.

Opposition to the ACA resembles cheesy black and white reenactments in late night infomercials. The reenactments where actors make the easiest daily tasks look too difficult to manage. Has this ever been you? Do you find yourself struggling to make an egg? Seriously! You don’t need some eventual plastic trash to cook and egg and you definitely don’t need to be cooking in a microwave. That’s another story though.

It is off putting to see leadership acting like there is nothing that Americans can do to work with and fix health care reform. Health care reform has been attempted unsuccessfully for sixty years already. The notion that we the people of the United States of America cannot overcome and improve the ACA is counter intuitive to the very culture that this great country was founded upon. We are a nation of innovators. Even though we’ve currently been left behind by the rest of the first world, an industrialized nation we can do universal health care better than them.

When pizza arrived in the United States, Americans said, “You know what that needs, sauce and more cheese” and we made it better. Americans wouldn’t be outdone by a little glorified Russian satellite named Sputnik that flew around the earth. Americans went to the Moon. America has given the world the Panama Canal, Assembly Lines, Hollywood, Alternating Current, The Internet, Muscle Cars, Elvis, Google, American Football, Basketball, Baseball, Jazz, Blues, Rock ‘n’ Roll, the Blue Man Group, Broadway, Alfredo Sauce, Chili, Fried Chicken, BBQ, Philly Cheese Steaks and the list goes on.

In states where Governors have cooperated with the ACA the citizens have clearly benefited the most. For example there are California, Connecticut, Vermont, Washington and look at Kentucky’s success; who knew? Ironically Kentucky is the home of one of President Obama’s and the ACA’s most staunch opponents, Senate Minority Leader (R), Mitch McConnell. Specifically, in California, Covered California is on track to meet its 2014 enrollment target.

Californians are once again taking leadership of the progressive movement in America. Each and every person in California should be proud of this fact. There were 31,000 Californians who have enrolled in the ACA during the month of October and enrollment has doubled that amount within the first two weeks of November. Universal health care is working so well here in California that there is now talk of a single payer system being introduced.

Speaker of the House of Representatives and 8^th District of Ohio Representative (R), John Boehner has gone on the record recently saying, “We have the best healthcare delivery system in the world.” This is complete denial of factual information and an injustice to his constituents. America is one of the most obese nations in the world with the highest infant mortality amongst industrialized nations, while leading the world in heart disease and drug addiction.

The overwhelming amount of nonpartisan information available on the matter speaks to the truth. “We pay more for health care in this country than most any nation on earth and we rank very poor thirty-fifth, thirty-seventh in wellness,” argues Senator Joe Manchin.

According to the Commonwealth Fund, in 2013 37% of Americans avoided recommended health care, seeing a doctor because they were sick and having prescriptions filled due to the high cost of doing so. This means that more than one in three people in America couldn’t afford their health care. The percentage in England is only 4%. Medical bills are the number one cause for bankruptcy in the United States.

So, there have been difficulties rolling out the ACA and therefore healthcare reform. Yes, the President, his administration and the Democratic Party have made mistakes implementing universal health care in America. The only way one may avoid making mistakes is to do nothing at all.

Republicans are spending a lot of time spiking the ball, working on their touchdown dances and telling progressives, “I told you so.” Meanwhile, many other issues that are paramount to the prosperity of an increasing number of Americans are being ignored and overshadowed. Issues like the removing food assistance programs from the Farm Subsidies Bill.

Many of the issues associated with the ACA would have been avoided with better political support, cooperation by the states and more importantly providing a single payer option through the government and funded with current tax revenue. Give all Americans health care and there’s no need to fill anything out.

Most economists believe that the way for health care reform will work is by providing American citizens the same health care that our representatives and senators enjoy. Health care can be easily subsidized with existing tax funds while protecting Americans from an insurance company monopoly in the process. A healthy stabilized economy mirrored by a healthy population becomes a win/win situation.

It is interesting to see the sort of party in-fighting from Democrats that has been wearing down the Republican Party. “I think Republicans now are understanding that in 2014 they have to come forward with some kind of policy alternative, so, as much as they rally against the current ACA, what’s the Republican plan, what’s the Republican proposal,” Robert Costa, National Review.

Some of the Republican leadership has suggested that Americans be provided with the opportunity to purchase insurance policies across state lines, opening more competition to drive down the price of insurance. This may or may not work. This is the beginning of an actual conversation though.

Senator Joe Manchin has been working with Republicans on a bipartisan agreement that would amendment the ACA and intend to fulfill President Obama’s promise that, “If like your insurance, you will keep it.” Manchin has expressed that, “It (substandard insurance policies) should be extended indefinitely if you already had it.”

Is the distinguished gentleman from West Virginia correct? Is he attempting to give all consumers in America an equal opportunity to be protected under the law? Or, does this provide yet another loophole for the insurance companies to use in order to offer inferior healthcare that is not worth the money paid?

Health care reform began with former Republican President, Ronald Reagan and the Emergency Medical Treatment and Active Labor Act (EMTAL) in 1986. The law requires hospitals to provide emergency treatment to anyone seeking it. This care is provided regardless of their citizenship, legal status, with or without health care coverage and whether or not they can pay. The public trust pays the bill when they can’t.

The ACA in its current incarnation was originally introduced by former Republican President Richard Nixon and former Kansas Senator (R) Bob Dole. Health care reform made its first appearance in Massachusetts under then Republican Governor Willard “Mitt” Romney. The reform that was accomplished was widely supported by conservative think tanks, organizations and has proven in time to be widely successful. This begs to reason why Republicans reject such a political accomplishment and distance themselves from its success.

Americans deserve better from their leadership. Your health should not be so closely tied to a profit margin. The American health care system is as it ever was, a for profit system. A single payer system would eliminate the “for profit” health care system entirely and place the decision making firmly in the hands of American’s beloved doctors. As it stands without the ACA, we are truly at the mercy of insurance companies and what our laws allow them to do; laws that are commonly written by the insurance companies themselves.

Trash Talk About Disposal Rate Increases in Mono County

By Victor Meier

On Tuesday, December 17, 2013 the Mono County Board of Supervisors met for the final meeting of their calendar year.

Mammoth Disposal and Bishop Waste Plant General Manager Rick Vahl along with Mono County Solid Waste Superintendent, Tony Dublino addressed the Board in an attempt to garner their support for raising the floor rate established by local purveyors of waste disposal.

A “floor rate” is simply a baseline budgetary measure (like the minimum wage) implemented to protect small local businesses from predatory rates that may be implemented by larger more resource rich companies. The floor rate is the minimum-maximum amount that a company may charge in order for these local waste disposal businesses to stay competitive and profitable.

Just as with most other businesses there are costs associated with rising inflation and the two determining factors being the Consumer Price Index (CPI) and the Producer Price Index (PPI). The CPI and PPI are both reported on by the Bureau of Labor Statistics (BLS) of the U.S. Department of Labor and is a non partisan agency responsible for measuring labor market activity, working conditions and economic price changes. The BLS collects, analyzes and evaluates various essential economic information to support public and private business related decision-making.

On average over the last year the CPI has increased 1.2% and 1.7% in relation to waste disposal here in the United States. In light of this, Superintendent Dublino proposed franchise amendments to the contracts that Mono County has with D&S and Mammoth Disposal/Bishop Waste that would increase the floor rates and in keeping time with the BLS report and subsequent recommendation. It is the function of such agencies to allow our government to react appropriately.

Board Member from District One, Larry Johnston asked Superintendent Dublino why an increase was needed if PPI costs were down. According the BLS, the Producer Price Index (PPI) program measures the average change over time in the selling prices received by domestic producers for their output. The prices included in the PPI are from the first commercial transaction for many products and some services. A reference to the reduction in diesel fuel costs.

However, other costs are associated with the operation of running a waste disposal company and those costs are attributed to rising CPI costs as well as inflation. “The last CPI increase that we experienced was back in April of 2011,” said Dublino. At that time the waste disposal companies misunderstanding the Board and raised their rates without the Board’s approval. This was such a benign event that the rates were eventually retroactively instated by the Board anyway.

Waste disposal in Mono County is predicted to see a .29 cent rate increase per household, per month in 2014. This may appear nominal and non consequential to the average layperson. However, when you consider the number of households being serviced and doing so over the course of a year, the number in question gains prominence.

Mr. Dublino approached the BOS with a sense of urgency and was promptly met with opposition. The research presented by the BLS was intended for this very purpose and that is more than necessary to be used for evaluation. Supervisor Tim Fesko of District Four suggested that perhaps this issue should have been brought forth to the BOS earlier in the year. “This proposal has been cued up in our process for awhile,” Dublino told the Sheet, “We’ve been waiting on the Board of Supervisors to add our proposal to their agenda.”

Frankly, small businesses often operate on such a small profit margin that not allowing for this rate increase and failing to maintain a solid baseline could really negatively affect one of the few year round, full time positions available in Mono County. As Supervisor Johnston put it, “the floor rate tends to be a defacto rate and is not arbitrary at all.” The difference can be as monumental as whether or not people get much deserved and needed bonuses or raises.

District Two Supervisor, Fred Stump wondered aloud if, “The County might be blamed for these rate increases?” While Supervisor Fesko asserted that the rate increase seemed arbitrary to him and raised concerns for setting prices for businesses. Fesko argued, “The reality is a 1.7% increase in the floor will not create a predatory situation.” Fesko went on to state that he somehow understood the need for a floor rate, yet he simply doesn’t support setting a floor rate at this time.

While it is important to maintain the integrity of an open market there is also a need to look out for the greater good of everyone in Mono County. Teddy Roosevelt saw a similar need to do so and was known as the “Trust Buster”. This concern for fair competition is why we have labor laws and a minimum wage standard in America. The floor price ensures our local small waste disposal businesses the opportunity to compete, provide local jobs and most importantly benefit our local economy.

What Happed to Mammoth Lakes’ Pioneer Cemetery?

By Victor Meier

Mary Townsend was accidentally shot by her husband in 1881 and when he buried her he surrounded her grave site with the white picket fence he had always promised her in life.

Mary Townsend is one of Mammoth’s original Pioneers and you can find her grave near the trailhead to Mill City. What has happened to the memory of early Mammoth and the Pioneer Cemetery? In this instance, reality is stranger than fiction. The Mammoth Lakes Museum (also known as the Hayden Cabin) Curator, Mark Davis was reminiscent about the cement Historical Monument (once in existence) that was placed on the edge of Mammoth’s Pioneer Cemetery. “I know it was placed there sometime in the 1950’s,” said Davis, “and it existed until the 1990’s.” “I have seen pictures of it myself,” Davis continued.

As most know, the Town of Mammoth Lakes was founded as a mining town and hosted three mining camps and therefore many Pioneers/Miners before, during and after the famous California Gold Rush. So what happened to those early Pioneers and Miners who perished during Mammoth’s Golden Era? The average life expectancy in the late 1800s was around 40 years of age and knowing this leads one to ponder the reality of Pioneer life and the reality that there must have been some fatalities in and around the Mammoth Lakes area. Presumably, not every person who perished in Mammoth would be buried in Bridgeport.

This is a vetted fact, substantiated by a working list of those who expired and were buried in Mammoth. The list exists and is supported by archived obituaries of local publications. There are 23 recorded deaths (13 of which are documented and the other 10 were probably unmarked graves) and their burials within the town of Mammoth Lakes between the years of 1877-1882. The area of town now known as The Bluffs is also known to where the Pioneer Cemetery existed and was the burial site for all three mining camps. In this case, Cheif Seattle's advice to "take only memories, leave nothing but footprints" does not apply literally.

The Statutes of the State of California, Political Code; Chapter V. Section 3105; states that the title to lands used as a public cemetery or graveyard, situated in or near to any city, town, or village, and used by the inhabitants thereof continuously, without interruption, as a burial ground for five years, is vested in the inhabitants of such city, town, or village, and the lands must not be used for any other purpose than a public cemetery. Mammoth’s Pioneer Cemetery was clearly in existence from at least 1877-1882; thus covering the necessary time period established by the law.

In the Hayden Cabin there are readily visible photos of dilapidated grave sites from the 1950’s which are no longer identifiable or seemingly no longer in existence. So, where are their remains of the perished Pioneers of Mammoth Lakes? Where are Mammoth’s Pioneers buried? Were their final resting places moved? If not, then where are their graves? They aren’t in Bridgeport. Certainly they couldn’t be in the same location and merely unidentifiable?

According to a 1965 Land Survey of the “Schotz Parcels”, requested by local Businessman Bob Schotz and conducted in the area of Mammoth Lakes currently known as “The Bluffs” there were provisions made to dedicate one square acre of land to a “Graveyard”. This one acre parcel of land set aside on the southeast end of the Bluffs and was clearly marked “Graveyard”; a clear distinction that is echoed by another (1966) land survey of the same area (also requested by Schotz). So, the question now is what legally constitutes a “Graveyard”? According to Section 3106 of the California State Law, six or more human bodies being buried in one location affirms the existence of a graveyard. With 23 established inhabitants of Mammoth’s Pioneer Cemetery and covering a five year period, the statutes have clearly been met

The Mammoth Museum has two “headstones” or rather, two wooded grave markers, which were retrieved from Mammoth’s Pioneer Cemetery and preserved by Bob Schotz in the 1940s (when they were last identifiable) and donated to the Mammoth Museum. One marker reads, “Isabelle-Infant Daughter of Eli and Katie Schweiger, August 23 – September 12 1879.” The other reads, “James Fahy, August 14, 1840 – August 9, 1879.” According to Mr. Davis, “Fahy was a bartender in Mill City (a former Mammoth subdivision) who was shot by one of two patrons who had a disagreement in the bar he (Mr. Fahy) was working in. Mr. Fahy later died of an infection from his gunshot wound. Originally they thought he would survive,” continued Davis.

The story of Mammoth’s Pioneer Cemetery and its potential for not only uncovering significant information about the History of Mammoth Lakes and its potential for uncovering scandal within the civic leadership of the Town of Mammoth Lakes is uncanny. This fact alone is a compelling enough reason to care about Mammoth’s Pioneer Cemetery. Why is it that there is a planned development being solicited directly where the Pioneer Cemetery once existed?

How is this even possible? Where a historical monument once existed from the 1950s until the 1990s is a proposed location for a private home. Skirting the issue of reverence and history; who would want to live on top of an old cemetery? Do they plan to take the Craig T. Nelson approach in the movie Poltergeist and just leave the TV outside? This reporter, for one, is just plain curious and confused by these developments. Pun intended.

This is not simply a matter of historical significance and respect. This is a matter of legal importance. Section 3109 of the law states that public cemeteries of cities, towns, villages, or neighborhoods must be enclosed and laid off into lots, and the general management, conduct, and regulation of interments, permits to inter, or remove interred bodies, the disposition of lots and keeping the same in order, is under the jurisdiction and control of the cities and towns owning the same, if incorporated; if not, then under the jurisdiction and control of the board of supervisors of the county in which they are situated. Is it possible that the town leadership could be setting the township up to endure another potential lawsuit?

The citizens of Mammoth Lakes need to know where the bodies of their early pioneers are resting. Examine the fact that potentially lost are the stories of people who have passed on and whose perseverance, toughness, determination and pioneering spirit lead them to help establish the beautiful town of Mammoth Lakes and in turn one of the planet’s premier outdoor playgrounds and pristine natural resources. Then take into consideration that all we have to potentially gain by ignoring the facts are legal ramifications that may only stop at providential redemption. As Hayden Cabin Curator Mark Davis said to me, “This could be some potentially bad karma for the town of Mammoth Lakes.”

So, what’s up now? In 1995 the Mammoth Lakes Planning Commission seeking to make public improvements in The Bluffs area, certified an Environmental Impact Report (EIR) from 1982 by one Jeff Burton. According to Burton’s EIR a recommendation was made that the Pioneer Cemetery (located within The Bluffs) be preserved as a cemetery…as it was…again. That hasn’t bothered William West though. Perhaps Mr. West isn’t bothered about the fact that for generations now the remains of at least twenty-three of Mammoth’s Pioneers have been buried on the lot he purchased. How was he even able to purchase the lot in the first place? These Pioneers have, for the most part, rested in peace for many years and now their graves have been lost, mostly forgotten and unfortunately mostly desecrated. How did civic leadership even get the town into this predicament? Fast forward to the Airport/Hotel debacle and it all makes more sense I guess.

West had requested to develop his land for years. Of course this is his right, if it weren’t for the fact that his land is on a well known cemetery. He pressed and it appears that eventually he got his way. To Mr. West’s credit, he was also open to the idea of selling his cemetery lot back to the Town of Mammoth Lakes, at full market value of course. So, in response and in full acknowledgment of Burton’s report the town suggested that Mr. West have his own EIR conducted. Evidentially historical references, official survey and the original EIR weren’t enough. It appears as if the intention was to find a way to discredit the past.

West along with the town’s approval hired Pacific Legacy to conduct his EIR. Pacific Legacy dug eight random trenches with a backhoe…yes, a backhoe. Needless to say, this is not what one would be accustomed to seeing at an archaeological dig site. Yes, there was a “qualified” Archaeologist on site and overseeing the dig. Yes, he was paid by Mr. West, who coordinated with the town. Yes, scientists who have been paid for their research have a bad track record; case and point, climate change scientist.

Remarkably, the Archaeologist for hire and his scientific dig found no remains to account for the at least twenty-three pioneers known to be buried there. Then the town of Mammoth Lakes under the guidance of Deputy Community Development Director, Bill Taylor and his staff recommended in a letter to the Planning Commission, “that the Commission accept the letter report from Pacific Legacy and find that no further archaeological investigation is required at this time.”

No further archaeological investigation is required at this time? There are local records establishing that this area in question is a cemetery and many of Mammoth’s Pioneers were buried there. The book Old Mammoth refers intimately and directly to the cemetery. Local publications have run a handful of stories about the fact that the cemetery exists. Land surveys corroborate the existence of a graveyard in this very location. Anecdotal information about the Pioneer Cemetery matches the existing artifacts. In the 1950’s a cement monument was placed there by Louis and Joe Serventi along with Fred Brooks and it read, “WE WILL NEVER FORGET YOU.” These were brave words written by well intending men. However, it appears that those men have, for the most part, come and gone.

Search and Rescue Expert and Cadaver Dog Handler/Trainer, Paul Dostie has taken his specialized cadaver searching dog to the Pioneer Cemetery and has witness his dog alert on many occasions within the lot. “I was curious to see how my dog would react after the soil had been turned over by the backhoe,” said Dostie, “so, I went up there with Dan McConnell and we watched him (the cadaver dog) as he laid down a bunch of times, alerting me to a number of locations of human remains,” Dostie continued. Dostie went on to say that if one were so inclined to look for human remains that it would be hard to establish any such thing other than teeth due to the duration of the burials.

 

The report presented by Pacific Legacy read, “No evidence of soil disturbance, artifacts or human remains was found.” Then, according to the report that Taylor and his staff submitted to the Planning Commission, “The report concluded that no evidence of a graveyard exists on the subject property and no development restrictions related to a graveyard are necessary.” That is extremely convenient for Mr. West and for the Town of Mammoth Lakes for that matter.

The fact is that Anthropology and Archaeology are supposed to work in tandem in order to give us an accurate view of the past. It is often the archived periodicals, letters, journals and personal memoires of those in the past who have helped historians understand the complexities of our forefathers. These facts seem to have been ignored in the pursuit of a more pseudo scientific approach and while ignoring the fact that empirical evidence other than human remains does exist. The most recent information available from the Town of Mammoth Lakes is the report cited from July 2007 and issued by Taylor and his staff. However, articles prior to this one exist as recent as 2009.

Currently, there are no apparent publicly available plans for development of the Pioneer Cemetery; that includes a memorial. Perhaps that is because of the recommendation made by the town also reads, “Staff also recommends that a condition be placed in the building permit tracking system that any future ground disturbing construction be provided with State guidelines for treatment of historical, prehistoric or human remains.”

Does this “condition” have anything to do with the lot’s development status? Even so, this written provision itself seems a bit indicting. What is the need for this disclosure if no human remains were found or exist? Is this typical legalese to protect the town and if so, from what then? The book Old Mammoth reads, “In a heavily wooded spot between Mill City and Windy Flat was the graveyard of the three mining camps. It was a peaceful, beautiful, woodsy area.” Have we forgotten about the Pioneers buried here in Mammoth? If there are any persons familiar with this story I encourage you to contact the paper and have your story known.