FC A.S. BREAKS THE LAW--AGAIN! VIOLATION OF THE BROWN ACT

Fullerton College Associated Students violate the press rights of former Senator DanaRose Crystal, by illegally barring use of video camera

Stella Stinghorn

Issue date: 2/6/08 Section: FC AS the Whole Ugly Story
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FULLERTON, Calif.---Tuesday, Feb. 5, 2008


Ethan Morse and members of the A.S. Judicial Committee violated yet another law in their zeal to purge all that is of DanaRose Crystal.


Just one week after the A.S. had illegally barred Crystal from attaining a position as a senator or even a senate member in the A.S., Jovan Maxwell fired another salvo, this one more outrageous than the last: Maxwell actually brandished paper copies of the Brown Act to "prove" that elected officials who did not "prefer" to be videotaped had the right of refusal.

[NOTE: Presumably these were altered or forged, since the Brown Act contains no such passage ]

Maxwell had grouped together the A.S. Senators to discuss Crystal, prior to the open public meeting, as he had also done prior to the previous week's meeting ( January 29 ). This time, they agreed on a plan to walk out if Crystal insisted upon videotaping the A.S. general meeting.


The February 5 meeting had begun brightly enough. DanaRose Crystal, nursing a broken heart over the previous week's insulting rejection set up her video camera to tape students vying for the very position for which she had been denied.

Two students gave speeches, but only one snagged the job: Allison Sheehey, who promptly took her seat at the conference table. Her opponent was told by President Ethan Morse that there were "other ways" in which she could serve--such as Commissioners and Senate Members. [ None of those newbies who vied, unsuccessfully, for a senator position wanted to be anything "lesser" and none ever bothered to apply for either. ed.]


Suddenly, A.S. Senator Jovan Maxwell interrupted the proceedings by demanding that DanaRose Crystal turn off her camera.


Crystal refused, citing her First Amendment Rights --and besides, "since you threw me out of here, you have no power over me," she said.


Maxwell continued to press the point, threatening to walk out with other senators who felt likewise. This action would jeopardize quorum ( having the legal number of senators within the room, in order to conduct official business ).

[ NOTE: this proves that Jovan Maxwell conducted an illegal secret meeting, prior to the public one--according to the Brown Act, it is illegal for a quorum-sized number of members to congregate in order to conduct or decide any official business in private. Maxwell's group had planned in advance to threaten a walk-out. ]


Crystal later referred to this as an "illegal hijacking of the meeting," by a threat designed to deprive a journalist of her First Amendment rights. At the meeting, she asserted her rights in direct response to the threat of walk-out.

A straw poll was taken, with 16 senators objecting to the use of video camera, with four members voting opposite.

[ NOTE: Ethan Morse neglected to ask for abstentions, which is a violation of Robert's Rules of Order, thereby the vote was illegal, and could be overturned by order of California Superior court. Though it was merely a "straw poll," ergo technically unofficial, the way it was treated within that day's meeting gave it the appearance of an official act. ]


Ethan Morse, President of FC A.S. stated to DanaRose Crystal that in response to the charge of violation of her First Amendment Rights, "cameras are not allowed in the courtroom," and that this action was "not anti-press," nor "anti-DanaRose."

[ NOTE: In fact, cameras ARE allowed in the courtroom; permission CAN be obtained if requested at least five days in advance, and granted approval, SEE rule 980 of the California Rules of Court. Also, Morse had contradicted himself, in saying the objections were not "anti-DanaRose" -- just a second earlier he said that 16 members felt uncomfortable with being videotaped "especially by you." ]


Discussion of the issue commenced, with Vice President Yasuyo Nagata posing the point that in many classrooms, teachers can forbid the use of audiotape recorders, therefore perhaps Crystal might have to obtain permission from the senators in order to tape.

[ NOTE: In truth, regarding the point of teachers who forbid recording of class lectures: this has more to do with either copyright issues, and/or cheating--helping students in a different section of the class via a recording, and/or students who want to get away with not attending class. Most teachers who have that clause within their syllabus end up being flexible. The Brown Act is clear--the PUBLIC is allowed to video and audio record public meetings--no permission is needed from elected members.

The Ralph M. Brown Act is designed to safeguard the rights of the public to access and to participate in government meetings in California.


The introductory section 54950 states:

"In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.

"The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created." ]


In giving her opinions on the matter, VP Nagata mentioned "myspace" as the expected destination of Crystal's videos, to which Crystal interjected a denial. She was working for the Cypress College newspaper, Cypress Chronicle and CyChron.com, she said. Morse asked why a Cypress College publication was interested in news of Fullerton College student government. Crystal replied that due to her "handicap" of not living in Cypress, and of Fullerton being her home base, she was granted permission to report on matters closer to her home-- in Fullerton, and within Fullerton College.

She then praised her Adviser at the Chronicle, Mr. Robert Mercer, who goes to bat for the First Amendment Rights of his students, and was once even fired from one school paper in the process, "and he wears it like a badge of honor," she said.

Jovan Maxwell sneered at this, declaring it "irrelevant."

A.S. Recorder Michelle Forte added her own snipe at Crystal, by referring to Crystal 's independent publication as a "blog."[ which was viewed by Crystal as belittling and insulting. She asserted that "Crystal Clear News, Views and Reviews is a full-fledged news magazine, not a blog." ] Forte also sniped that "personal attacks and paranoia" is not real journalism.


[ In April 2008, Crystal responded: "Michelle should not have made her remarks in public. We WERE close enough friends that I would've taken her opinions to heart and considered their worth, and they would've been more effective. But because she deliberately sought to shame and embarrass me so publicly -- at both the January 29 and February 5 meetings, I only resented her and felt deeply scorched. Michelle abused her position as an A.S. Exec to humiliate me. Considering that she had cheated ME out of the position, because she was greedy for the stipend and the title, it is an outrage. After the A.S. Recorder position was opened-up again, on October 30, 2007, I'd thought it would be offered to me -- but because Michelle was then Exec Pro Tem, she was next in line. Just the week before, when Michelle had been told about it, secretly, and was considering it. She said to me, 'I wonder how much money the Recorder gets?' I knew the answer. I told her that all A.S. execs get paid $150 per month, for 11 months, with $185 the 12th month. Michelle leapt on that like white on rice! Little did I know, she was worming the information out of me, because she was wondering if it would be worth it! She only agreed to accept the job, and be appointed as A.S. Recorder, because of how much money the position paid! Last Spring, when the position was available, she dropped-out of the running, because she said, 'It's too much typing.'

RIGHT, 'Einstein!' A secretary is supposed to TYPE!

"But even though Michelle nabbed that position, she isn't doing any typing: Classifed employee Gracie Burns is doing ALL the typing work that Michelle is paid for! Michelle cheated ME out of a position that I could've had, because of her greed for money and title.

"As for my "personal attacks"--- she was referring to the remarks I'd made in three internet audio shows ( two of which are since deleted ). I would refute the description as "attacks." I was in pain during those shows, and regret a great deal of what I said. I hadn't heard the shows since October, when they were made. But 95 percent of what I said was about the previous Recorder, and the hypocrisy of the A.S. is that they were angry about the relatively miniscule amount I'd said about THEM. I actually am extremely sorry about the things I said about Azzie Shirazi; she did not deserve those things I said. On the other hand, I am only sorry for the WORDS I used in speaking about the others I referred to. I stand behind the sentiments.

"There is also such a thing as 'opinion pieces' and even the most regrettable things, said within an opinion context is protected under the First Amendment, and IS considered to be 'journalism of opinion.'

"As for "paranoia" --I have found evidence that I was CORRECT about Ethan Morse, in regards that he OUGHT to have been disqualified as A.S. President, so I was RIGHT all along. Sadly, Michelle is the type of person who would gladly 'drink the Kool-Aid'."

( a reference to the infamous 1978 mass-suicide/murder of the followers of Rev. Jim Jones. Jones, a charismatic leader, had induced his followers to drink poisoned punch when he feared that a group of visiting politicians and journalists to the religious group's enclave of Jonestown in Guyana would result in dissolution of the group and arrest. To refer to someone as one who would drink the poisoned Kool-Aid, is to call that person a "pushover" for a charismatic leader who lies to them. It also means one who throws away integrity and good sense in deference to going along with a group. In this instance, falling into a witch-hunt mentality. ) ]


Morse directed the question of First Amendment Rights to Hornet reporter Jeremy Ladebauche, who was unsure of the rights regarding video cameras, and directed A.S. to question Hornet Editor-in-Chief Trevor Owen.

Morse said that the matter would be dealt with at the next week's meeting, after members studied the Brown Act, and "memorized it by heart."

But then, Senator Angela Vogan piped-up, saying that she "heard" that Crystal had already recorded the AS and put it online, and that she felt that Crystal had done so, "without any permission or authority."

[ NOTE: Crystal asserts that in fact, at that date, no video of AS members had been uploaded to the Internet, except four short, cute videos, taken by Crystal during Fall 2007. One video showed AS Advisor Darlene Jensen showing co-Advisor Denise Cork how to conduct business; two videos were of Ethan Morse and James Castaneda having a "battle" over the gavel; and the fourth was on October 31--the day that Ethan, Senator Preston Juarez and Commissioner of Athletics Anton Zavalla competed in military push-ups. Juarez was slated to join the Navy as an Intelligence Officer, and Zavalla --a former platoon sergeant, who was stationed in Iraq-- showed him military push-ups. During the summertime, Zavalla had asserted his higher rank to Morse ( a mere E-4! )by making him do push-ups. Morse complied; and this became a regular thing for them. The push-ups of October 31 constituted the seventh time Crystal had witnessed this, and the sole time she managed to capture it on digital camera. The young men didn't mind, and later stated so to Crystal. The gavel-battle was taken with cooperation of both Morse and Castaneda --with Morse even showing Crystal how to use the movie setting on her digital camera! ]

Crystal had tried to explain the videos online were harmless and cute, but Vogan was intent in plowing forward with her diatribe.

Maxwell then called the question, demanding that Morse use executive privilege in deciding what to do about the use of video.

[ NOTE: The method of executive privilege was necessary, as the issue of video camera usage was not on that meeting's agenda, therefore could not be voted upon. Originally, the issue was to be held until the following week's meeting. However, it was improper for Maxwell to say, "I call the question," because that term is used when it pertains to a motion on the floor. There was no real motion going, except to discuss the issue. It should be noted that Maxwell routinely makes a big show of looking as if he knows what he is doing, with terms and words that are official-sounding --but he is using them improperly. ]

Morse asked for a vote on whether he should use his executive privilege. The vote was 26-4 in favor

( however, Morse neglected to ask for abstentions, thereby rendering that vote null and void under the law ).

Morse then said to Crystal, "I'm going to ask you to turn off the camera, and that's ALL I'm going to ask." He then handed his gavel to Vice President Nagata ( passing the chair to her, without announcing it first, another violation of Robert's Rules of Order ) picked up his cell phone, and headed outside to phone Campus Security.

Crystal had already decided that she would turn the camera around to herself, a method she had used the previous week, when the Region VIII SSCCC had also illegally refused her use of her video camera. After the Feb. 5 meeting, when asked by Hornet writer James Franco as to why she had done so, after having so strenuously asserted her rights to videotape, she replied that she was the biggest story that day, anyhow, so it made sense.

[ But it is notable that Morse said that all he was going to do was to ASK, while simultaneously dialing his cell phone. Honest politician? ]

The Hornet reporter Franco did write the story, "AS Violates the Brown Act." Crystal had written to her former Adviser at The Hornet, Jay Seidel, to discuss the matter, and he had replied that he had showed the reporters the section in the Brown Act that pertained to videotape-which clearly allowed usage of videotaping and broadcast of a public meeting. In that article, Jovan Maxwell and Ethan Morse responded to Hornet reporter Franco, who had elucidated the California law to them:


Following the ruling, extensive research was conducted by members of The Hornet into the matter's legality, at which time the actual [interpretation] of the Brown Act became clear.

It was later explained to Maxwell and Morse, as well as other members of the senate. Senator Maxwell then conceded that his understanding of the act was in error as was the ensuing vote.
President Morse also agreed that the ruling was a mistake, but that the decision to stop this individual from taping the senate at meetings was proper.

Morse believes that Crystal's reasons for filming were not justified, and that the A.S. has no need to feel that they've done anything wrong.

"If she was a reporter and doing a job, we would be wrong, but she violated our rights by threatening us," Morse said.

Morse also said that Crystal has been filming senate meetings for six months, and they have seen no evidence that it has been used in a journalistic respect.

[ The Hornet, February 20, 2008, front page news ]


In response, Crystal deplored Morse's "paranoia":

"I didn't threaten them with anything except lawsuit for their illegal actions, which of course I must press. For the sake of First Amendment rights, alone. Jovan Maxwell tried to twist the wording of the Brown Act, which allows videorecording except if it causes obstruction. He said that if 16 senators left right now, that would be obstruction. 'Obstruction,' in the Brown Act, refers to visual obstruction. Jovan is scary in his lies and twisting of reality."


She questions the veracity of the senators:

"No one except Ethan was bothered at all by the taping, earlier in the Fall semester," she said. "On October 31, Ethan and I had a long talk, in which he gave me his opinion as to why I was being marginalized: that people didn't like having a microphone shoved into their face. At that point, I had never 'shoved' a microphone into anyone's face -- I had been holding my audio or video recorder in hand to record, from my seat in the back of the room. Problem is, the sound was so bad, that I'd had to use a hand mike, which I held outward, and sometimes I'd have to move closer. But the only people to whom I held the mike directly was David Adame [ Student Trustee ] and Ethan Morse. So why would the SENATORS hate me for that?

"When Ethan first realized that I was a reporter, during the Spring 2007 elections, he became paranoid ever after, and it affected his behavior with me. I don't believe that anyone else in senate was bothered by the taping, until Ethan himself expressed a dislike of it to them, behind my back. If he didn't like it, he didn't tell me directly until October 31; and then he wasn't even taking direct responsibility for his feelings on the matter--he was foisting his own opinions onto others and projecting his feelings into them, putting words into their mouths.

"I believe that Ethan had shared his feelings with Jovan Maxwell and Marita Soler, and they took it upon themselves to brainwash the senators into thinking likewise. Jovan, especially, whipped them up into a hysterical frenzy with urban myth and lies. What Angela Vogan said about me was crazy. She said she 'heard' that I was putting footage of 'them' online, and expressed such paranoid delusions of what I was 'doing with it.'

"Where did she HEAR that? Obviously, from Jovan Maxwell's mouth, in a range of lies about me, in the intent to brainwash and control the senate. Sadly, they succeeded.

"The motivations of Jovan and Marita are greed for power, control and ambition to succeed to higher office in the Spring elections. Both Jovan and Marita expressed intent to run for A.S. President and Student Trustee. Both were ravenous for power throughout the fall. Both committed acts of ridicule, cruelty and marginalization against me, because I'd let it be known that I was planning to run for those two positions myself."


Crystal continues:

"Ethan Morse is a fool and a bad leader, because being popular is more important to him than ethics or legalities. I don't see how he thinks he can successfully run for higher office as he says he wants to. Ethan told me directly that he plans to run for mayor, state senator, governor and one day, President of the United States of America. If he has allied with unethical jerks like Jovan Maxwell and Marita Soler, I shudder for the future of America, because Ethan Morse has enough sex appeal, charisma and 'Teflon' qualities to make it big, and aligned with morally and ethically bankrupt individuals such as Jovan and Marita, he has the ability to leapfrog to higher office --but at what cost?"


In regard to Morse's complaint that he hadn't yet seen Crystal use her taped coverage in any journalistic respect, she says due to the great amount of time needed to digitize and edit video, she hadn't yet the opportunity to create news pieces. She had collected video moments of the A.S. for multiple purposes: for the news pieces; for her autobiographical documentary on her experiences within student government; for video and photos of various moments within A.S. for the end-of-year A.S. banquet. Crystal said that her original intent and purpose in taping was to capture interesting moments at FC A.S. meetings. In her term of office as Senator the previous year, under President Jonathan Mayer, there were "delightful moments" which she regretted not having captured on videotape.

"There were some really funny and cute moments," she said. "On Valentine's Day week [21007], Laura Mata [ A.S. Vice President 2006-07 ] was throwing candy to people. She threw a chocolate candy heart to her boyfriend [ Senator Jason Worrell ], who caught it in his mouth! It was so cute, funny and romantic! It was the first time he did that, and Laura laughed. They did it at every meeting after that."


During the February 5 meeting, Crystal stated one reason she wanted to videotape was because when she had served under her President, Jonathan Mayer, she regretted not having taped him, because he was so excellent and so exemplary a president, that he was such a treat to watch; and that she regretted not having taped him in action more than a couple of times.

Morse responded that since she felt Mayer was such an exemplary president, he could give his opinion on the Brown Act and the videotaping of a meeting, when he visited FC A.S. on February 12. [ Mayer was scheduled to give a truncated version of the speech he had done for Global Warming Day, which Crystal had videotaped, prior to conducting an interview with him. See Jonathan Mayer Global Warming Day ]

Crystal's praise of Mayer brought reactions of sneering and shrugs from members of the 2007-08 A.S.

"I don't know who he is," said A.S. Senator Sadia Ahmed ( seen on Crystal's videotape speaking to another senator ). Marita Soler, Exec Pro Tem/Senator/Vice Chair of Judicial Committee wrinkled her nose and said to Morse that it didn't matter how "special" Jonathan Mayer was, "you're our president, now," bringing cheers from the senators.

Later, Crystal responded: "I mentioned Jonathan Mayer often during Fall 2007. He's only showed up at A.S. a couple of times to give important input. I think they sneer, because I admire him so much. Apparently, they consider me to be the 'King Midas' of shit. Everything I touch -- well, you know."

She had very much wanted to videotape Mayer at the February 12 meeting, to add to her set of tapes on her former president.

"Jonathan is an interesting guy," Crystal said. "Originally, he was a music promoter; then he got involved with student government and became so brilliant at it. He told me that he was planning to do it at Cal State Fullerton, but changed his mind, once he enrolled there. He says there's too much dirty-campaigning," she sighed. "He should get a load of what's going on here."
Prior to the Spring 2007 A.S. election Mayer had considered running for senator and Student Trustee, since he was planning to attend Fullerton College in the fall, but he did not.

"It's a shame," said Crystal . "I think he opted-out as a favor to Ethan; he was being considerate of Ethan, because it would've made Ethan too insecure -- and he WOULD have been!" she said.

Crystal had long been interested in networking with other campuses. During Fall 2007, at one A.S. meeting, she had brought forth a new idea, inspired by Cypress College A.S.: a pre-printed form in which to fill out committee reports. Crystal saw that as a solution to the problem of many FC A.S. members neglecting to bring back information to the senate. Crystal felt the form contributed greatly to the diligent output of Cypress' A.S. members. However, many members of Fullerton College A.S. didn't like some of the wording within the document, and demanded changes prior to approving the form for their own use.

"We discussed changes we wanted to make. A lot of senators didn't want to adhere to the dress code suggested in the Cypress A.S. form, and I told them that it wasn't necessary to dress up. I said that Jonathan Mayer, our former president, had worn T-shirt, shorts and baseball cap -- his regular clothes -- to all meetings, including PAC [ the President's Advisory Council ] and Faculty Senate. When he wanted to dress up, he'd wear his white A.S. polo shirt. Ethan replied that Jonathan was so erudite that he could get away with casual-wear-but that since he was a newcomer, he felt more confident dressed to the nines."

Crystal said that in his early days as president, Morse was more often than not clad in suit and tie. However, Morse said he would prefer not to be forced to dress-up if it was not necessary, since fancy clothes were hot, stiff and uncomfortable to wear for hours at a time.

Crystal, herself prefers to be comfortable, wearing clothes that feel good, not always caring about the style. What Morse felt about Crystal's own "super-casual" everyday wear is not known to this publication, although some of the senators reportedly have sneered at her.

One A.S. Senator, Eiko Tsukamoto, Honors Student ( who is also the Honors Intern, an hourly employee within the Special Services office ), Secretary of Phi Theta Kappa, [ and recently was named as Fullerton College Woman of Distinction 2008, and the All-USA Community College Academic First Team. Ed. ], expressed the opinion to Crystal, that if she dressed-up, and made more of her looks, the senators would treat her better. Tsukamoto would thus seem privy to the sentiments of her fellow senators, but declined to specify, only opining that if Crystal dressed better the senators would not "talk about" her. As to exactly what the senators actually "talked about," Tsukamoto did not say.


One thing that had greatly disturbed Crystal at the Feb. 5 A.S. meeting was the reaction to her concerns during Open Forum. She had asked Morse if he had written her check for $100, as her "bank account was empty." Morse responded that he personally did not write the check, but that he had approved the money. Denise Cork, co-Advisor of A.S. said that the money was in process.

The money in question was the semester-end payment due to all senators and senate members who complete 25-hours-worth of service to A.S. The payment is $150 to Senators and $100 to Senate Members.

"It's not fair," said Crystal. "Senate Members are required to do exactly the same work as Senators, for $50 less money. That is a cheap way to treat Senate Members, in more ways than one. The only thing Senate Members don't do is to vote -- and that is only because they are not allowed to vote.
What kills me is that those senators vote in such a sheep-like manner; they don't even carefully consider how and for why they vote! They don't think about anything at all! I am so much more qualified, more intelligent, more informed than they are--and they had the ability to shut me out of the senate [ on January 29, when they voted against Crystal being appointed Senator ] because they had the power of voting -- which they ABUSED. It is an ABUSE of power to vote for one person or another based upon personal like or dislike. In my case, they voted against me, because they were voting the way Jovan Maxwell, Marita Soler and Ethan Morse wanted them to vote. Most of them didn't even know me; most of the senators were newly appointed within those past two weeks [ due to a major exodus of the senators who had been elected in Fall 2007 ]. They voted against me, because they wanted to get along with their officers, and the presumed leaders -- namely Jovan Maxwell [ Chair of Judicial ] and Marita Soler [ Vice Chair of Judicial and Exec Pro Tem ]."


Crystal said she had asked about her payment, due her for devotion to duty all year long and fulfilling her required hours, because she had reason to worry that she might be cheated out of her money, because of the vote against her and defamation of character incurred against her at the January 29 meeting. Also, prior to the January 15 opening meeting of Spring 2008, Crystal had overheard Jovan Maxwell speaking with Ethan Morse within his office about the semester-end payments. Maxwell had said to Morse, "I don't think we should pay DanaRose."


"At the time, I had been irritated at that," said Crystal, "but I didn't take it seriously. I just thought it was another non-funny joke of Jovan's. But after what he did to me, on January 29, I took it VERY seriously! I felt that the cheap-shot sucker-punch they'd done to me was over-reaching and they were intending to cheat me out of everything."

Crystal then answered a remark Morse had made earlier in the meeting. She was insulted that he remarked that she had "left early," while performing her duties as A.S. representative to the Curriculum Committee. The Committee is composed of faculty and resource members who decide on matters concerning the Fullerton College curriculum. The A.S. rep is a non-voting resource member, and Crystal had served as official rep in Spring 2007, while serving as a Senator under Jonathan Mayer. In Fall 2007, however, she had a class that began at 4pm, and she had TOLD Morse and the A.S. that the sole reason she dropped out as the OFFICIAL rep, and became the ALT ( alernate rep ) instead, was because she would be unable to stay until 5:30pm. The Curriculum Committee meetings were slated from 1:30-5:30 pm, and Crystal had diligently attended the entire meeting during the Spring semester. In Fall 2007, Marita Soler had volunteered to be rep -- but she routinely left after staying a mere 90 minutes.

"I stayed for the meetings! Marita was the one who left early!" said Crystal. Morse blew this off, and didn't respond with an apology to Crystal.

[ Later, Crystal said that she had been a sucker in dropping-out as official rep.
"Marita didn't even care about the committee! She said she was bored by it, and didn't want to be rep!" fumed Crystal. "I was hooked by the very first Curriculum Committee I attended, when the Athletic faculty crowded in to complain about an issue, where they complained about Fullerton College administration and FC President Kathleen Hodge -- and I have been strongly on the side of faculty, ever since, and even before that time. But when I attended the Committee the next day ( Wed., February 6 ), the secretary ( Rachel Chavez ) was mean to me. She informed me in crisp, insulting tones that she had been informed that I was NOT the official rep, and therefore, was not welcome; that this was NOT a public meeting, and therefore the PUBLIC was not invited. She acted as though I was unwanted riff-raff, after I had spent HOURS of my life in those meetings!"


NOTE: Actually, Curriculum Committee IS a public meeting, and the secretary violated the Brown Act by that remark to Crystal.

The secretary had also incorrectly marked the A.S. rep as "absent" within her minutes for three of the meetings at which Crystal had indeed attended "for several HOURS." Crystal intends to demand an official apology from Curriculum Committee for those issues. But she says that Morse had evidently gone behind her back to bash her to the Curriculum Committee officials, had cut her deeply, because "they weren't mean or rude" to her until after he "bad-mouthed" her. ]


Another issue Crystal had brought up within open forum was her interview with Jonathan Mayer, conducted during Global Warming Day, January 31. She relayed Mayer's opinions on Region VIII being "the lamest" [ to which she agreed, having been so sorely stung by them ]; and one important nugget of information, for which she wanted to video a response from Morse, as a candidate in the Special Student Trustee election. She tried to turn the camera around to tape Morse, but he acted edgy, saying that he didn't even know what she was going to say. Jovan Maxwell snapped a crackling "Uh-uh! Uh-uh!" at her attempt to turn around the camera [ "Which amounts to intimidation of, and interference with a journalist trying to get a video response for a legitimate news story," said Crystal. ]

Crystal then told Morse that, according to Jonathan Mayer ( and Chris Adams, Student Trustee of Napa Valley ), David Adame did not have to resign as Student Trustee; that he could've obtained a waiver from the Dean of Student Services. Morse visibly raised his eyebrows and looked concerned, but answered in a calm manner, that it was a very interesting bit of information for open forum. Crystal pressed for a response:

"How would you feel if David pulled back his resignation?" she asked. She informed Morse and the senate that she had taken it upon herself to write directly to Manuel Ontiveros, Chair of the Board of Trustees; Jerome Hunter, Chancellor of the NOCCCD; and to Kathleen Hodge, President of Fullerton College to ask if David could pull back his resignation. She reports that the expressions on the faces of the A.S. looked "visibly worried that their pet, Ethan would be cheated out of his chance to be elected Student Trustee."

Morse replied "I would be very happy to give feelings and thoughts outside of the senate."

[ NOTE: Morse never did give any sort of response to that matter, having avoided Crystal when she approached him later for his promised response; The Hornet also dropped the ball, and never even followed-up on the matter, though Crystal had mentioned it in an open meeting, as well as directly clueing-in Hornet Editor-in-Chief Trevor Owen during a face-to-face meeting, the day before the paper went to press that week. ]


Crystal brought up one last issue: theft of items from her desk drawer, in the Inter-Club Council office cubicle. Her counselor's SEPP form; her scholarship application; her handwritten minutes in her capacity as Inter-Club Council Secretary; her Certificate for Leader of the Month for October 2007.


"I consider it to be a hate-crime," she said.


The senators erupted in derisive laughter at this. Morse, himself laughed uproariously, saying that Crystal needed to be more careful about leaving things on top of her desk, because people might "accidently walk away with it."


Crystal was wounded by the laughter and tried to turn her camera around to show the cruel, chortling faces of FC A.S., but Senator Beau LaPort and Jovan Maxwell demanded that she turn it away from them, in sneering, insolent tones. She was also insulted by Morse's sneering remarks.


"Sarah mislaid a book," Morse said of Inter-club Council President Sarah Martin. The afternoon of Wednesday, January 23, Martin had told Crystal about missing two of her textbooks. [ to date, they have never been found nor returned. Martin said they were stolen. ] Crystal then had looked in her own drawers, and found her own textbooks safely there, but a number of personal papers were gone.

"Things of monetary value were still there," said Crystal. "I had several items of clothing, several books, including two textbooks. But my papers were gone!"

Crystal explained that the theft is more serious than it sounds. The loss of her secretary's minutes was "a shot over my bow," she said.

"A shot directed at my position as ICC Secretary," said Crystal. "To obstruct me in creating my minutes. To jeopardize my job--that's why they did it."


Considering that the Region VIII "baddies" had stripped away her position as Secretary of Region VIII, on the stated basis that she had been negligent in producing her minutes, the interference had larger ramifications than a simple act designed to irritate Crystal, which was the opinion of Peter Fong, Vice President of Student Services. Fong, in his best imitation of a kindergarten teacher ( describes Crystal ), kept insisting that "someone" within A.S. was playing games, stealing her minutes to make it look like Jovan Maxwell did it. Fong refused to take the matter seriously, also refusing to investigate Maxwell at all, for Crystal's charges of defamation of character and other legal violations. Crystal had reported the theft matter to Campus Security, but nothing had been done about it, she suspects.

"It was a theft designed as interference in performing my official duty," said Crystal. "After Lorena Cadena threatened to take away my position as secretary, and likely steal it for herself, I can't take anything lightly."


But it was not just Cadena that had greedy eyes on an Inter-Club Council officer's position, said Crystal. Maxwell, himself had his sights set on snatching Inter-Club Council President for himself.


"And he's not going to wait for the Spring election, either," said Crystal, in remarks she made shortly after the January 28 ICC meeting, where Maxwell had been insolent to ICC President Sarah Martin. After that day's meeting, Crystal overheard Maxwell saying, "I didn't know that could be a job! I'd like to be ICC President!"


"Considering that Jovan has stated repeatedly that he intends to run for A.S. President in the spring elections," said Crystal "it's obvious that he intends to push Sarah out of her job, and replace her with himself. He'll push ME out, replace me with Lorena, and also push out Jessica ( Ju, the ICC Vice President ) and replace her with one of his cronies."

Martin was in a weak position, explained Crystal, because she had missed too many A.S. meetings in Fall and Spring. She had also missed many ICC meetings. Jessica Ju was in dire straits as well, for missing almost every ICC meeting, due to illness. As a result, Crystal, the next in ICC pecking order, served as Chair of most every ICC meeting during that year.

"It was like having it all," said Crystal. "I think the President and Vice President and Treasurer have practically no real stated duties. The secretary has the real meaty job; and with Sarah and Jessica gone most of the time, I get to do everything I like--the secretary work and chairing meetings."

Crystal did not want either Sarah or Jessica removed from office.

"I am loyal to Sarah, and Jessica gives real value whenever she manages to contribute. We need to circle the wagons and protect each other, so those howling wolves from A.S. can't just take over our jobs," she said.

In Spring 2008, Martin had even told Crystal that she was thinking of giving up her position with both A.S. and ICC -- which meant giving up her position as ICC President. Crystal had understood Martin to be inferring that she would recommend Crystal to become her replacement. But she convinced Martin to remain.


"If I didn't have to give up being secretary in order to be president, that would be one thing," said Crystal. "To have to replace me with someone who just has to jump into the job would be too much of a drastic change in the middle of the semester for ICC to handle. I've taken pride in making things work smoothly in my job as secretary. I love the job, and take pride and pleasure in accomplishing it. I would feel a wrench in leaving it.

"On the other hand, I sure don't want some wretched beast to take Sarah's place. Jessica would be an OK person to live with, and is next in line--but Jessica misses too many meetings to be viable. If Sarah puts the job up for grabs, one of Jovan's A.S. cronies will snatch it for herself--maybe that wretched Lorena Cadena --or that horrible Jovan Maxwell! I couldn't live with that! I would HAVE to put myself in for President. But what if I lost? Maybe to that wretched Marita Soler?"


POSTSCRIPT:

Crystal had intended to videotape Jonathan Mayer at the February 12 A.S. meeting, but by that date, volatile events had taken place that derailed those plans.

However, after this meeting, she was interfered with by Vice President of Student Services Peter Fong, who barred her from all future A.S. meetings.

"Ostensibly, it was for 'other' reasons," said Crystal . "But I don't believe it. It is too convenient that Ethan got what he wanted-to get me OUT of A.S. Ethan Morse, Jovan Maxwell and Marita Soler got what they were after-getting rid of me, and getting the Fullerton College administration to do their dirty-work. Fong actually had NO RIGHT to bar me; a public meeting is a public meeting! He violated my civil rights! ]


That very night of February 5, Crystal had run up against a rude classified employee who refused to allow her into a reception for 1960's Apollo astronaut Rusty Schweikart.

Crystal had identified herself as a member of the press, yet was refused admittance.


"The woman --whose name no one will tell me -- was rude to me, when she saw me walking up to the door," said Crystal. "This is unacceptable. It might be technically legal, but it is ethically impure. The college should never have appointed such a rude person to be door-monitor. I have served as door monitor at sci-fi conventions, and we are instructed to be polite, as well as efficient and viligent. That female had no business being as rude as that to ANYONE. Plus, Bruce Cordell, the teacher in charge of this event, stated for the record to The Hornet newspaper, that he never had intended this to be a closed reception! If not for the Hornet's repoprting, I never would've had that bit of information!


[ SEE the full story when it is completed. The Hornet has their version, which currently has inaccuracies, in the February 20, 2008 edition. ]


There was another serious theft on January 23, though Crystal did not understand the ramifications until much later ( in late March ): theft of the print-outs of her emails. One in particular had actually been catalyst for the January 29 attack upon her. It was an email to Cindy Vyskocil, in regards Ethan Morse. Crystal complained that she had been marginalized by Morse, due to his personal issues with women. Morse has stated his objections to being alone in a room with an unmarried woman, citing religious grounds as reason for his antipathy to sexual relation,
Even being in the same room -- unchaperoned -- with an unmarried, sexually-available woman seemed to petrify Morse.


"The problem with this," said Crystal "is that Ethan, as President, is holding all the power-chips, with the power to dispense them at his will. If he won't allow me any time with him, I am handicapped in terms of being able to communicate with him, and getting aid in putting together special projects. I had a plan to strengthen the Commissioner positions by creating a special committee where commissioners would gather to discuss their matters. This committee would consist of A.S. and non-A.S. people, and be modeled on Inter-Club Council --a much better-run organization than A.S. has been. Commissioners would get ideas for things to accomplish in their positions by networking with each other, and with non-Commissioner members of each department who would support them, ask for help in this area or that; because one problem with Commissioners have been that many had no clue of what to do in their role. I -- in my desired position as Commissioner of Public Relations -- would have multiple ideas of what to do; but I was thwarted by Scott MacKenzie, Dean of the Department of Technology and Engineering. The positions currently force putative commissioners to obtain permission from the deans, which has been a MAJOR obstacle, when a dean was either clueless about the position, hostile to the idea or the student, or just preferring to hold it for a particular student or another -- as was the case, when I asked Ann Hovey, for her sign-off on my becoming Webmaster. Ethan refused to help me with that, just as he refused to help me with Scott MacKenzie -- and as he refused to help me with the creation of this committee or any other thing I wanted to do for the students of Fullerton College.

"The Commissioner positions, in my view, are an unused treasure! Just THINK what a vocational student could do with it! One trouble with being any vocational student is that we need recommendations in order to obtain internships; and if our only contacts in school are our teachers, it is often limited to one person, and a handicap if a student falls on the bad side of said teacher. It is also a limitation on the things that one can accomplish, if a teacher or program is limited or the teacher lacks a greater scope of vision.

"Those are the things I LONGED to accomplish in my role in student government, and I explained this to Ethan Morse and to others, only to be shut down; by Jovan Maxwell, because he wanted to marginalize all rivals for power, and by Ethan Morse because of the same-- as well as his sexual terror of me.

"If Ethan is so scared of being alone in the same room with me, what does that say about HIM? I cannot force myself upon him. He outweighs me in strength and muscle. If he thinks he cannot keep his pants on if the two of us are alone together, that is his problem and fault.
"It is also insulting. If he was an Islamic male or a male from another culture that had this traditional-attitude towards women, it would not be tolerated. But because Ethan is a born-and-bred-American-white-Christian male, he is allowed to have this attitude. It is the cause of marginalization withinh my workplace, and unacceptable and disgusting that Fullerton College ALLOWED it, therefore tacitly approving of it!"


UPDATE NOTE: The offer of Morse to the disappointed senator candidates to become Commissioners seems insincere, considering that he had already decided to do his part in destroying these positions. In November 2007, Ethan Morse told the Judicial Committee his plan to eliminate Commissioner positions. Morse's reasons for wanting these eliminated? It was trade-off -- at that time, Judicial was deliberating two resolutions: one, to amend the duties and obligations of Commissioners --to force them to attend Senate meetings; and the other was to eliminate voting rights of the A.S. execs ( President, Vice President, Treasurer and Recorder ), as well as to no longer require their attendence at the Senate meetings ( with the exception of the Recorder-Secretary, to record the meetings ). This was fiercely debated by DanaRose Crystal who felt this would eliminate votes by the most experienced and informed people in A.S. Crystal's support seemed to mean nothing to Morse, though, whose strategy to torpedo this unwanted move was to offer a trade: to eliminate Commissioner positions, and to "sell" it to the gullible FC student voters by telling them it would make for "smaller government" and give more money for pizza-days. When Crystal pointed out this was deceptive, Morse made a rude joke at Crystal's expense, which set the committee members to laughter.

In May 2008, Jovan Maxwell implemented this plan, with the draft of a resolution to eliminate Commissioner positions. By this time, DanaRose Crystal had been effectively censured and silenced, insofar as the AS was concerned, and was not asked for comment by The Hornet.



MORE INFORMATION ON THE RALPH M. BROWN ACT CAN BE SEEN IN OTHER SOURCES ON THE WEB. IF YOU ARE A JOURNALIST, PLEASE KNOW YOUR RIGHTS, AND CARRY PAPER COPIES AT ALL TIMES.

In fact, the law clearly states that THE PUBLIC has a RIGHT to videotape and broadcast a PUBLIC meeting, and that the videotape need not be used in a journalistic manner.
Ralph M Brown Act section 54953.5 Recordings of meetings:
"Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or videotape recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue or broadcast unavoidably will cause noise, illumination or obstruction of a view that constitutes a persistent disruption of the meetings."


In October, 1952, a Sacramento Bee editorial opined:

"A law to prohibit secret meetings of official bodies, save under the most exceptional circumstances, should not be necessary. Public officers above all other persons should be imbued with the truth that their business is the public's business and they should be the last to tolerate any attempt to keep the people from being fully informed as to what is going on in official agencies. Unfortunately, however, that is not always the case. Instances are many in which officials have contrived, deliberately and shamefully, to operate in a vacuum of secrecy."
[ Wikipedia.com ]




AS Violates the Law Feb 5, 2008 part one





AS Violates the Law Feb 5, 2008 part two




AS Violates the Law Feb 5, 2008 part three




AS Violates the Law Feb 5, 2008 part four





AS Violates the Law Feb 5, 2008 part five





AS Violates the Law Feb 5, 2008 part six





AS Violates the Law Feb 5, 2008 part seven


[ will be uploaded later ]






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Rebecca

posted 7/09/08 @ 5:59 PM PST

Those creeps make me sick! I used to be in student government, too, years ago, and there were jerks messing around like that, who didn't care about anything but themselves. (Continued…)

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