Bill Mattos, Editor and Publisher
Leroy Pyle, Webmaster
The Farsider is an independent publication that is not
affiliated with the San Jose Police Benevolent
Assn. The SJPBA has allowed the Farsider to be included on its web site solely
for the convenience
of the retired San Jose Police community. The content of this newsletter does
not represent or reflect
the views of the San Jose Police Benevolent Association's Board of Directors or
DAVE BRIDGEN’S STATUS
Gary Johnson reports that Dave is doing better, that he
is more talkative and alert. This is similar to what
Chaplain Jim Becknall passed along to the PBA membership
at last night’s (Wed.) monthly meeting. It's possible
that he may be able to return home from the rehab
facility before too long. We are still providing Dave’s
home address to folks who wish to send him a get-well
card. Send your request to
This pic along with the comment below was posted by Pete
Salvi on Facebook last Sunday...
Ernesto Vallecilla and I stopped by to visit Dave at the
rehab facility this morning. He's looking good and
communicating well. Hopes to be out by next Saturday.
Dave is a selfless man. He was wishful that his
procedure might also help others, including stroke
RESULTS OF THE POA MEMBERSHIP VOTE
First and foremost, I want to start by thanking the
membership for being so supportive during the Global
Settlement negotiations. We haven't just started a new
chapter in our police family, but we have begun a new
book that will allow us to start to become competitive
again and legally continue the process in fixing the
toxic Measure B with our new Global Settlement
Framework. I'm excited about sharing with you the
results of our general membership vote that has taken
place over the last four days.
I have given the results of the ratification to the City
Manager and his team. Our City Council will take our
ratification along with SJ Fire's ratification and vote
on it in open session. We still have work to do as we
weave through the court process, but enjoy today's
results! I look forward in working with you all in
turning our department back around to what we all know
it use to be...the best!
Paul Kelly, POA President
SO HOW DOES THE AGREEMENT IMPACT RETIREES?
We're pleased to report that the San Jose City Council
has reached a settlement agreement with the SJPOA and
Local 230 over Measure B. Formal Council approval should
occur next week.
As you recall, Measure B made unlawful changes to
pensions for active employees--driving hundreds of
employees from the City. Retirees faced impacts as well.
Most notably, the City gave itself the ability to
eliminate or reduce our guaranteed annual 3% Cost of
Living Adjustment (COLA) for a period of up to 5 years
if they deemed it necessary. Further, the City defined
the "lowest cost plan,” which our health care benefits
are based on, as any plan, available to any city
employee. The potential impact to us on retiree health
care was an unlimited cutting of our benefit to meet the
City's financial need.
As we reported in the last newsletter, the agreement
reached between the SJPOA and Local 230 improves the
positions for active and retired employees. Yes, it
will create a 2nd tier pension, but that was an issue
that all sides already agreed on.
As it relates to retirees, the Measure B provision
granting the City Council the unilateral authority to
cut our COLA's is eliminated.
With regard to retiree healthcare for current retirees,
the following will occur:
• The City will be prohibited from lowering a retiree's
health care benefit below the "silver" level in the
Affordable Health Care Act. This provides current
retirees with a guaranteed benefit going forward.
Currently, the city could continue to degrade the lowest
cost plan and that would be the plan provided to current
• The SRBR benefit for retirees will be eliminated
(we've been without it for several years now). However,
in its place will be a "Purchasing Power Agreement"
which will ensure that the purchasing power of the
current retiree's pension will not fall below 75% of its
value. This new provision is intended to accomplish
something similar to what the SRBR was created for- — to
help those long-time retirees who need the most help
making ends meet. In addition to our COLA, the
Purchasing Power Agreement will guarantee our pensions
hold value over the long term.
Below are links to recent news stories providing a
little more background and context:
(Ed. — The stories appear in the “Pension News” column
Mike Alford, President
Jose, Police Union Reach Deal
News — Aug. 15, 2015
SAN JOSE — The City Council on Friday approved a
tentative agreement on raises with the police union
after agreeing to the officers’ demands for implementing
a settlement on voter-approved pension reforms. Both
sides saw the deal as crucial to retaining officers in
the depleted police force. The one-year pay agreement,
tentatively reached earlier in the week, calls for 8
percent raises, plus a 5 percent, one-time “retention”
bonus and return incentive for officers who have left
the force for other jobs. The current police contract
expires at the end of the year. The San Jose Police
Officers’ Association had said it would not ratify the
pay agreement unless the city agreed to a “quo warranto”
process to implement a settlement of lawsuits over the
Measure B pension reforms city voters overwhelmingly
approved in 2012. Under that process, a judge would
invalidate the measure, and it would be replaced by the
negotiated agreement. City officials were concerned
about a citizen lawsuit and favored returning to voters
for approval of the settlement. But the soonest that can
happen is November 2016, and the union said it could not
afford to wait that long with officers continuing to
leave the force.
• • • • •
This follow-up item from yesterday’s paper provides the
result of the ratification vote by POA members…
OK Wage, Measure B Accords
News — Aug. 18, 2015
SAN JOSE — Nearly 90 percent of the San Jose Police
Officers’ Association membership ratified a wage
agreement and tentative framework to replace Measure B
on Monday, representing the last step before the pair of
agreements head to the City Council. But the council
won’t take up approving the two accords for another
week, city officials said late Monday. The tentative
wage agreement offers police officers 8 percent in
ongoing raises and 5 percent one-time bonuses. But the
POA leadership said it wouldn’t take the wage offer to
members without a full benefits package — meaning the
city had to reach a compromise over Measure B, the
highly litigated pension reform measure voters approved
three years ago. Though city leaders announced a
tentative Measure B settlement agreement with police and
fire unions last month, union leaders said the city was
backing away from a legal proceeding that would replace
Measure B with the settlement.
But on Friday, the city announced it will move forward
with the “quo warranto” action to invalidate Measure B,
replace it with the framework and then put it out to
voters in 2016. It was enough to satisfy the POA, and
members began voting on both deals late Friday.
Of the 794 votes cast by POA members over a two-day
process, about 715 voted yes. The firefighters union
also ratified the Measure B settlement in July.
As anxious as both parties appear to be in putting the
contentious negotiations behind them, there’s another
delay. City officials on Monday said the approval of the
agreements would be deferred until the Aug. 25 City
“My understanding is that it was a technical matter
because of our ‘sunshine’ policies,” said city spokesman
David Vossbrink. “It didn’t meet our standard posting
requirements, and we want to make sure everyone has a
chance to read it.”
• • • • •
Columnist Scott Herald chose the to pontificate about
the proposed Measure B settlement in last Sunday’s
for Measure B: Never mind
Herhold — Columnist
News — Aug. 16, 2015
Never mind. When all the words were said Friday
afternoon, when all the justifications were proffered,
that was the political epitaph for San Jose’s Measure B
Never mind that 70 percent voted for the measure back in
2012, told by the council majority under Mayor Chuck
Reed that it was essential to save the city from
financial ruin. Never mind that scores of talented
employees left city government and the Police Department
because they found their pension and salary deals
inferior to what they could find elsewhere. Never mind
that the city spent more than $4 million on lawyers, or
that the pension debate infected political debate for
more than four years, dividing people who might be
allies. In legal terms, the city conceded that Measure B
was a mistake, an error, a massive foot fault. The
council agreed to ask a judge to invalidate it, to brand
it formally as incorrectly designed law.
Meanwhile, San Jose plans to put the resolution of the
conflict before the voters in November 2016. Over the
next 16 months, the cops and firefighters will get a 5
percent bonus and an 8 percent raise.
Best deal available
In truth, this might have been the best deal the city
could get. With cops fleeing to other departments, Mayor
Sam Liccardo was under enormous pressure to reach a
settlement. And he could legitimately argue that the
city had achieved concessions in negotiations, obtaining
savings he estimated at $1.7 billion over 30 years. San
Jose was able to save millions by forgoing the so-called
“bonus checks” to employees. And the city and its public
safety unions agreed on a cheaper health plan. All
sensible steps. Yet there were two moments at a news
conference in the City Hall rotunda that underscored the
political agility act that Liccardo and the council were
managing as they reached peace.
The first came from yours truly. I read the mayor a
statement from his campaign website last year: “How we
get past our budgetary burdens will depend on whether we
have a mayor who will fully litigate — and implement —
Measure B reforms,” he wrote. When I asked Liccardo
whether he was eating his words, the mayor responded by
pointing again to savings the deal achieved. He called
me back later to enlarge on the point. “There’s a time
to litigate, and a time to settle,” he said. “Sometimes
you need to litigate until you settle.”
That was fair enough, though I couldn’t help but think
about Supervisor Dave Cortese, his labor-backed opponent
in last year’s election, who had urged that the city
stop litigating Measure B. Cortese’s answer was not that
different from what the city achieved Friday.
The second agility test came when KLIV radio reporter
Jason Bennert asked Paul Kelly, the president of the
Police Officers’ Association, whether he would have
taken the same deal four years ago, before Measure B.
“Absolutely,” Kelly said.
Liccardo later quibbled with that, suggesting that not
all of the city’s unions would have approved cuts in
health care four years ago. But Kelly’s statement
underscored a growing consensus about Measure B: Never
mind. We didn’t really need our long civic nightmare.
• • • • •
Daniel Borenstein is a columnist and editorial writer
for the Contra Costa Times, a sister newspaper to the
Mercury News. This op/ed piece appeared in Tuesday’s
CoCo Times and Wednesday’s on-line edition of the Merc.
It provides further evidence that the California A.G.
has the back of government workers when it comes to
Harris is Right About Chuck Reed's Latest Pension
Daniel Borenstein — Columnist
Costa Times — Aug. 18, 2015
Former San Jose Mayor Chuck Reed claims his latest
pension reform initiative would not reduce the future
benefits of current public employees. Attorney General
Kamala Harris says it could -- and she's right.
Last week, Harris released the initiative summary that
would appear on the ballot if backers collect sufficient
signatures. She began by saying it "eliminates the
constitutional protections for vested pension and
retiree health care benefits for current public
That contradicts how Reed and former San Diego
Councilman Carl DeMaio portrayed the measure when they
unveiled it in June. They said they wanted to avoid an
attack on California's vested rights doctrine protecting
the rate at which current employees accrue pension
On Monday, DeMaio still maintained that "nothing in our
initiative changes the vested benefits for existing
employees." Reed echoed that: "We don't believe the
initiative affects current employees."
But it does, as an excellent legal analysis by McGeorge
Law School Professor Clark Kelso makes clear. The
analysis was prepared for labor leaders fighting the
initiative, but its conclusion was supported by four top
pension attorneys who did not want to speak publicly.
No retirement law experts have defended Reed and
DeMaio's position. They now have two options if they
plan to start the signature-gathering phase: They could
challenge Harris' ballot wording in court, and almost
certainly lose. Or they could embrace it and accurately
promote the initiative as one that would truly reform
California's public employee pension system.
But they shouldn't continue to falsely pitch the
At issue are public employees' protections for pension
accrual rates. Take for example most California public
safety workers. Each year that they work, their future
pensions increase by 3 percent of final salary. After 30
years, their starting pensions are 90 percent of that
But what if the employer cannot afford such generous
benefits? A private-sector company could reduce the rate
of future accruals. It could tell workers that they can
keep the 3 percent credit for each year already worked,
but going forward they will earn pension benefits at a
rate of, say, 2 percent a year.
However, once a California public employee starts
working, that accrual rate can never be reduced. The
state Supreme Court issued a series of rulings, the most
recent in 1991, that reductions would violate the
contract clauses of the state and federal constitutions.
Amy Monahan, University of Minnesota law professor, has
sharply criticized the "California Rule." California
courts, she writes, have "established one of the most
protective legal approaches for public employee pension
benefits of any state in the country."
Reed and DeMaio claimed their initiative would not
change the California Rule. They said they were only
trying to alter the rules for new employees by making
those pensions subject to voter approval, and for
current employees by requiring ballot approval for
But, actually, one part of the initiative would amend
the state Constitution to give voters the right through
an initiative or referendum to reduce the future pension
accrual rate for current employees. This could be
applied statewide or in each local government
Thus, if the initiative passed and withstood court
challenge, voters could eliminate current workers'
vested rights protections under the California Rule.
In an earlier column on the measure, I missed the
significance of this section. Harris' ballot summary
prompted my re-examination.
Reed and DeMaio could take the lemons Harris handed them
and make the proverbial lemonade. They certainly should
stop demonizing her for making a politically calculated
move to please union supporters as she prepares her U.S.
Rather than running from the wording of their
initiative, they could embrace it. Government employers
-- in this case, voters -- should be able to scale back
future pension accruals if they're too costly.
To be clear, no one should reduce benefits workers
already earned. The issue here is the accrual rate for
As the Little Hoover Commission, a state bipartisan
watchdog group, presciently wrote in 2011, pensions will
strangle funding for needed public services unless
officials reduce future accruals for current workers.
The initiative could let voters do that. But Reed and
DeMaio should be honest about it, or abandon the
Daniel Borenstein is a Contra Costa Times columnist and
editorial writer. Contact him at 925-943-8248 or
• • • •
Don’t be misled by the headline of this Wall Street
Journal article sent in by Laurie McNamara. The subject
matter concerns all of California’s public employee
unions, not just Calpers…
union-run pension fund tries to stop a reform
Street Journal — Aug. 12, 2015
Opportunities for government reform are about as rare
and needed in California as rain. So it’s a pity that
public unions are trying to block a promising ballot
initiative that could end defined-benefit pensions and
save taxpayers billions of dollars.
Earlier this summer San Jose’s former Democratic mayor
Chuck Reed proposed a referendum for the November 2016
ballot that would require governments to obtain voter
approval to continue defined-benefit pensions for new
workers after 2019. Voter approval would also be
necessary to boost pensions for existing employees or to
subsidize more than 50% of the cost for new worker
retirement benefits. Notably, the initiative would be
California Public Employees’ Retirement System (Calpers)
In the past Calpers has threatened to impose punitive
“termination fees” on local governments that propose
modifying worker pensions. The pension shark threatened
to bite the bankrupt city of Stockton with a $1.6
billion fee—nearly eight times its $211 million unfunded
liability—if it scaled back current workers’ unearned
benefits. Calpers has also threatened litigation to head
Mr. Reed’s initiative would require retirement boards
“to fully and faithfully implement” voter-approved
pension reforms, and it bars Calpers from imposing
financial penalties on government employers that propose
closing their defined-benefit plans.
Not surprisingly, Calpers is pre-emptively campaigning
against Mr. Reed’s initiative. Assemblyman Rob Bonta,
who chairs a key committee in the California
legislature, last month requested a legal analysis of
the initiative from Calpers. This invitation for
self-dealing would be akin to the Federal Election
Commission soliciting Democratic opinion about
Republican compliance with campaign-finance laws.
Calpers CEO Anne Stausboll warned in response that the
referendum could “threaten the system’s tax exempt
status” and “make providing death or disability benefits
extremely impracticable.” Ms. Stausboll also suggests
that the initiative could allow voters to cut current
workers’ future benefits and “it is not clear whether
such a retroactive impact would be legal.” Only in the
world of public unions is scaling back future benefits
considered “retroactive.” The CEO’s claims are
particularly incongruent since the measure explicitly
states that it would not limit disability or death
benefits or alter current workers’ benefits for past
The letter appears to be a test-run for the political
attacks unions are likely to wage should Mr. Reed’s
initiative qualify for the ballot. All the more reason
for reformers to make sure it’s presented to voters.
~ ~ ~
were 105 readers’ comments regarding this article when
we pasted it up. Click
to review them if you are interested, and if the page is
still on the WSJ website.
THE TRIALS & TRIBULATIONS OF SAN JOSE AND THE SJPD
That the Mercury News editorial page editor (Barbara
Marshman) believes that Gov. Moonbeam’s decision to ban
grand juries from investigating police shootings is a
good idea comes as no surprise. Her views almost always
reflect those of Brown's.
The editorial below points out that the Ferguson grand
jury cleared (refused to indict) Officer Darren Wilson
in the shooting death of Michael Brown, but it
conveniently overlooked the fact that Eric Holder’s
Justice Dept. came to the same conclusion.
So the decision to indict or not indict officers in
police shootings is best left to a local prosecutor for
the sake of transparency, eh? How is that working out in
Was the sole decision by Marilyn Mosby to indict the
Baltimore Six good for the justice system? Bypassing a
grand jury opens the door to political bias against the
police, as Mosby’s decision in Baltimore has shown. Want
to argue the point? That’s what the Mail Call column is
Jury Law Will Help Rebuild Trust
Editorial — Mercury News — Aug. 19, 2015
In the wake of Ferguson, California this month became
the first state in the nation to outright ban the use of
secret grand juries to investigate police killings of
Like most broad-brush solutions, this has downsides. But
on the whole, encouraging transparency in deciding
whether to file criminal charges against officers is the
right thing to do. In many communities across the
country, there’s a crisis of confidence in the police,
and rebuilding trust is critical to public safety —
including the safety of the officers themselves.
Another law signed by Gov. Jerry Brown this summer is
equally important: clarifying that it’s legal to take
video of police in public places.
The public outrage over secret grand juries ignited
after the killing of an unarmed black man by a white
police officer in the racially polarized city of
Ferguson, Missouri. Along with several other killings by
police in questionable circumstances, this ignited the
national “Black Lives Matter” movement.
The Ferguson grand jury declined to indict the officer,
who said he believed his life was in danger. A public
proceeding might well have ended the same way, but the
secrecy obscured any merit in the argument of
A similar grand jury finding in a Staten Island case
intensified the perception of injustice.
The downside of banning grand juries for police cases is
the loss of their investigative value, says Santa Clara
County District Attorney Jeff Rosen.
Grand jury subpoenas can elicit testimony from witnesses
who otherwise might not cooperate.
That said, DAs in most major counties don’t routinely
use grand juries in police cases these days.
Rosen never has. Instead, they investigate, decide for
themselves whether to prosecute and then issue public
reports explaining why, ideally in great detail.
This doesn’t guarantee transparency, but people can hold
DAs accountable at election time.
And let’s just take with a truckload of salt the comment
last week by Mark Zahner, CEO of the state’s District
Attorneys Association: “It’s absolutely ludicrous to
espouse or believe that police officers get treated any
differently than anyone else.” Noted.
Not all incidents of police killings are created equal.
There’s a big difference between Ferguson and, for
example, the two shootings by police in San Jose this
week. Both of them occurred in confrontations with armed
suspects last week that had been captured on security
Most people are grateful to officers for risking their
lives to track down killers.
But in San Jose, Oakland and other Bay Area cities,
minorities often feel they’re targeted by officers for
no reason. Confidence needs to be rebuilt. California’s
new laws on videos and grand juries can help with that.
You may have heard the name “Tyrone Harris” but can’t
remember when and where. Allow me to spark your memory:
• Tyrone Harris, 18, was shot by police during protests
in West Florissant Road in Ferguson, MO, on Sunday, a
year since the death of Michael Brown
• His father claimed he was innocent, but police say he
opened fire on them with a handgun he pulled from his
• Now his social media profile shows he posed with
pistols and rifles, called himself 'Ty Glocks' and wrote
'f*** da police'
• In one post he said he would 'do da hit by myself' and
his friends also made gang signs for the camera.
• He was critically injured and has been charged with
four counts of assault on law enforcement and five
counts of armed criminal action.
My question is, why do I have to depend on the Daily
Mail based in London in order to learn about this gang
HERE to see the London newspaper article.)
That's a rhetorical question, right TP? If it's not, the
simple answer is that the mainstream media here in the
U.S. wouldn’t dare publish what the British tabloid did.
(I took the liberty of grabbing the 2 pics above of
Tyrone from the Daily Mail link that TP included with
• • • • •
I need your help. At present I am in a fight with the
city to obtain needed medical treatment that is being
denied. I got the ear of Channel 7 in San Francisco and
they are interested because of other retired SJPD cops
who are also being denied and fighting the system. I
would appreciate it if you could put something in the
Farsider and ask people who are having a similar problem
to contact me.
I sent an email back to Hank and told him his message
would appear in the next Mail Call column AND that I
would also post it on an SJPD Facebook group. He replied
the following morning with this message…
Thanks, Bill. If anyone would respond I would like to
have them give me a short, if possible, email with
details of their problems with the city and its denials.
I would also like their names, contact information, and
ask if they are willing to be interviewed by ABC Channel
7 in San Francisco. Thanks so much for your help. Hope
everything is going well with you.
• • • • •
I came across THIS article in the Mercury News
yesterday. In case you didn't read it, give it a
It contains some interesting historical information that
might be of interest to some of the other 'older guys'
who were born and/or raised in San Jose, or were working
the streets back in the ’60s when Dutch Hamann was our
The story is about Joel Clark, an engineer trainee with
the City's Department of Transportation who created an
animated time map of the geographical growth of the City
from the early 1900s up to the present.
The article also provides a brief historical review of
the widespread annexation that took place in the 1950s
Remember when we were adding new beat numbers and new
pages to our beat-maps with a blue cover on an almost
quarterly basis as the City grew in leaps and bounds?
Clark's animated time map has been made into a YouTube
video that only takes 46 seconds to watch. I found it to
be pretty impressive. The newspaper article provides the
wrong YouTube link. This is the correct one that takes
you to the map.
Both the Herhold article and the animated time-lapse map
showing the growth of San Jose are interesting,
especially the latter time lapse video clip that runs
from 1901 to the present day. We recommend viewing both.
• • • • •
I’m sending you a video and hoping that your readers who
agree with the president’s nuclear agreement with Iran
will watch it. Dennis Prager makes an excellent case why
a sufficient number of Democrats need to join the
Republicans so that Obama’s promised veto can be
overridden if it comes to that.
(Please withhold my name as I prefer to maintain a low
Not a problem. Wait, there is a problem. Nearly all
members of Congress vote with their party, whether they
personally feel an issue is right or wrong. Why? Because
they don’t want to risk not getting reelected or landing
a juicy assignment within their party. That’s why Obama
is confident the Dems will flock to his side and make
his promised veto on the nuclear agreement stand.
Having watched the video sent in by what’s-his-name, I
feel it is the most clear and concise argument I have
heard to date on why Congress should nuke the deal when
the vote is taken on Sept. 17th.
Dennis Prager, who appears in this video, is a
conservative nationally syndicated radio talk show host,
columnist, author and public speaker. Click
HERE to listen to what he has to say. (5:37)
P.S. Don't miss the stand-alone article below titled
"How Ridiculous Is This." (Look for Columbo.) It relates
to the nuclear agreement and it should cause your head
• • • •
Remember back in 2008 when Katie Couric asked Sarah
Palin about the “Bush Doctrine” and the VP candidate
didn’t appear to know what it was? A few days later,
after the media made Palin out to be an idiot, political
experts said there was no central doctrine; that any one
of three or four explanations would be accurate.
I’m no apologist for Sarah Palin, but fast forward to
now. Couric has been relegated to Yahoo News after it
become clear the networks no longer wanted her services.
In her quest to become newsworthy again, Couric probably
thought she was going to enjoy a Palin moment with GOP
candidate Carly Fiorina in a recent interview on the
topic of Climate Change. Unfortunately for the former
news anchor, it didn’t go as planned. Watch the video I
By the way, tell Talking Points that his criticism about
Donald Trump is bull pucky. The polls don’t lie.
HERE to view the Couric-Fiorina interview about
climate change that Red sent in. To our surprise, this
was the only missive we received this week that
mentioned TP’s letter from last week in which he blasted
The Donald and said he was unelectable. We thought at
least some of you would take umbrage over his letter.
• • • • •
My buddy (SFPD-Ret.) over at the LE Division of the
Lottery has another investigator opening at the Hayward
office and asked if you would post it. He says it's a
nice job for a retiree. If anyone has questions they can
contact Tatyana Langton in Admin. Services at
(Ed. — Click
HERE for info about the job.)
benefit the Cops Care Cancer Foundation—
Cynthia Theobald at 408-537-1270
HOW RIDICULOUS IS THIS?
Yesterday we (the country) learned that the inspections
that will determine if the Iranians are cheating on the
nuclear agreement will be performed by — wait for it —
the Iranians. Isn’t that a little like taking a test in
high school or college and having the instructor tell
you to take it home, grade it yourself, then turn it in
the next morning? Feel free to choose your own metaphor…
Experts Will Inspect Site
not part of unusual, separate nuclear agreement—
George Jahn, Associated Press
News — Aug. 20, 2015
VIENNA — Iran, in an unusual arrangement, will be
allowed to use its own experts to inspect a site it
allegedly used to develop nuclear arms under a secret
agreement with the U.N. agency that normally carries out
such work, according to a document seen by The
The revelation is sure to roil American and Israeli
critics of the main Iran deal signed by the U.S., Iran
and five world powers in July. Those critics have
complained that the deal is built on trust of the
Iranians, a claim the U.S. has denied.
The investigation of the Parchin nuclear site by the
International Atomic Energy Agency is linked to a
broader probe of allegations that Iran has worked on
atomic weapons. That investigation is part of the
overarching nuclear deal.
The Parchin deal is a separate, side agreement worked
out between the IAEA and Iran. The United States and the
five other world powers that signed the Iran nuclear
deal were not party to this agreement but were briefed
on it by the IAEA and endorsed it as part of the larger
Without divulging its contents, the Obama administration
has described the document as nothing more than a
routine technical arrangement between Iran and the
U.N.’s International Atomic Energy Agency on the
particulars of inspecting the site.
Any IAEA member country must give the agency some
insight into its nuclear program. Some countries are
required to do no more than give a yearly accounting of
the nuclear material they possess. But nations— like
Iran — suspected of possible proliferation are under
greater scrutiny that can include stringent inspections.
But the agreement diverges from normal inspection
procedures between the IAEA and a member country by
essentially ceding the agency’s investigative authority
It allows Tehran to employ its own experts and equipment
in the search for evidence for activities that it has
consistently denied — trying to develop nuclear weapons.
Evidence of that concession, as outlined in the
document, is sure to increase pressure from U.S.
congressional opponents as they review the July 14 Iran
nuclear deal and vote on a resolution of disapproval in
early September. If the resolution passed and President
Barack Obama vetoed it, opponents would need a
two-thirds majority to override it. Even Senate Majority
Leader Mitch McConnell, a Republican, has suggested
opponents will likely lose.
The White House has denied claims by critics that a
secret “side deal” favorable to Tehran exists. U.S.
Secretary of State John Kerry has said the Parchin
document is like other routine arrangements between the
agency and individual IAEA member nations.
ACLU RULE #2: IF IT’S A GOOD IDEA, OBJECT TO IT
Up More Than Just Trash?
—Proposal: Garbage trucks with scanners—
News — Aug. 20, 2015
A garbage truck operated by Garden City Sanitation
Wednesday in San Jose. A city proposal to place license
readers on garbage trucks is currently being debated.
SAN JOSE — The noisy garbage trucks that lumber down San
Jose streets every week could soon pick up more than
just trash — they might also scan your license plate and
all your neighbors’ tags, too, in a proposed citywide
sweep for stolen vehicles that has civil libertarians
Mayor Sam Liccardo and Councilmen Johnny Khamis and Raul
Peralez proposed that the city consider strapping
license plate readers to the front of garbage trucks,
allowing them to record the plates of every car along
their routes. The data would be fed directly to the
Police Department from the privately operated trash
trucks, prompting an officer to respond to stolen
vehicles or cars involved with serious crime.
“We can cover every street at least once a week and
possibly deter thieves from coming into our city,”
Khamis said. A committee chaired by Liccardo that sets
the council’s agenda voted Wednesday to continue
exploring the idea.
While license plate readers are increasingly being used
by police across the Bay Area, some are alarmed that San
Jose is considering turning the garbage collector into
an agent of law enforcement. Councilman Chappie Jones
was opposed to what he called an “extreme” policy,
evoking the “Big Brother” government of George Orwell’s
dystopian novel “1984.”
Civil rights advocates said the unusual plan raises
“significant concerns” and could invade the privacy of
San Jose residents because of how the data is collected,
stored and analyzed.
“The idea is they would also collect the location of
cars as they drive down the street,” said Chris Conley,
a policy attorney for ACLU of Northern California who
said he has not heard of any other city gathering
license plate records in such a way. “If it’s collected
repeatedly over a long period of time, it can reveal
intimate data about you like attending a religious
service or a gay bar. People have a right to live their
lives without constantly being monitored by the
While most residents may not know it, six San Jose
police cars already are fitted with license plate
readers that scan car tags every day while out on
patrol. This year’s budget pegged an additional $68,400
to pay for two more plate readers.
Khamis said mounting the plate readers on garbage trucks
instead of police cars wouldn’t be any more intrusive
than what’s already being done. “This is a public
street,” Khamis said. “You’re not expecting privacy on a
Garbage trucks travel the entire city each week, Khamis
added, giving them broader reach than a patrol car and
lending a hand to a shrinking police force with roughly
Khamis called the idea a unique approach to maximizing
technology to thwart crime. The city and county of San
Francisco uses license plate scanners on its Muni buses,
but only to identify vehicles that are blocking bus stop
access for towing or citation. San Jose Assistant Police
Chief Eddie Garcia said the department welcomes any
outside help with combating crime but worries about how
the department’s thin staff would respond to a hauler’s
discovery of stolen cars.
“In a perfect world with the right staffing, I think it
would be beneficial,” Garcia said. “But right now, we
need to ask ourselves if we have the capacity to take on
something like this. If we don’t have the staffing, it
just puts an added burden on us at that point.”
The Police Department can use its 26 community service
officers to respond to a stolen vehicle, but only if
it’s unoccupied. Otherwise, a police officer would have
to be called.
There are also questions about whether the city’s four
private haulers will agree to the idea. Khamis said he
spoke with one company that was “enthusiastic” about it.
Officials from Green-Team of San Jose, which services
about 48,000 single- family homes in west and central
San Jose, told this newspaper the company is on board.
“GreenTeam of San Jose would love to help the city of
San Jose thwart crime,” said outreach manager Weslie
McConkey. “We are interested in learning more about the
proposal to install license plate readers on our garbage
and recycling trucks.”
But Conley also worries San Jose is not doing enough to
engage residents in the debate, comparing it with how
the city’s Police Department quietly purchased a drone
that drew outcry over potential privacy concerns when it
became public. “Our hope was they would have learned
from the drone once it became a public fiasco,” Conley
said. “They need to put the plan in writing and let the
public review it.”
Khamis said Wednesday’s action is only the first step in
a long process. The proposal calls for city officials to
explore the “feasibility, legality and civil liberties
implications” of garbage-truck mounted license plate
readers. Questions the council members asked the city to
consider include the process of transferring license
data from the private garbage trucks to the police,
whether they would be subjected to the same or different
policies governing police car license readers and
whether other cities have taken similar measures and how
“We’ll look at privacy concerns and talk to ACLU before
we do anything,” Khamis said.
THE BEST OF THE LATE NITE JOKES
— Aug. 17
Aug. 12: Bernie Sanders is polling at 44 percent among
Democrats in New Hampshire and has passed Hillary
Clinton as the Democratic front-runner. And in another
new poll, zero percent of Hillary's staffers wanted to
be the one to bring her that news.
Officials investigating Hillary's email scandal found
that two of the four classified emails on her private
account had information labeled “Top Secret.” That was
pretty stupid. Everyone knows if you want to hide stuff
on your computer, you put it in a folder labeled "Tax
Things might be slowing down a bit for Donald Trump. He
recently dropped nine points in some of the latest
polls. When he heard that, Trump said, “Oh no. Was it
everything I said?”
In a recent interview, Jeb Bush revealed that his
brother George gave him the nickname “tortoise” because
he's making slow, steady progress. Though I think the
bigger story here is that compared to George, Jeb is the
Aug. 13: Writer Jonah Winter is writing a children’s
picture book about Hillary Clinton's life. They say it's
the perfect gift for the nephew you hate. “Happy
Birthday! Here's a picture book about a woman in her
North Korea has declared its own time zone that they are
calling “Pyongyang Time,” and set their clocks back half
an hour. So if it's say, 11:40 here now in New York, in
North Korea it's still 1925.
Aug. 14: According to a new report, the word that Donald
Trump said most often in last week’s debate was “I'm.”
The word he says the least: “Sorry.”
Rand Paul recently told reporters that his campaign is
going to focus on taking down Donald Trump. Then Trump
said, “I've tried it myself. It doesn't work.”
There are reports that Justin Bieber's next album will
be released in November. As usual, Justin is expected to
collaborate with a number of other artists including
Skrillex, Diplo, A$AP Rocky, Flipcoin, 2 Chainz,
Lowdown, and Rihanna. And yes, I just made up at least
two of those names.
Aug. 17: There are reports that if Joe Biden runs for
president, he would promise to serve for only one term —
because nothing says confidence like promising your
presidency would be over quickly.
New York Governor Andrew Cuomo just signed a bill that
bans powdered alcohol from the state. So if you live in
New York and you’re consuming powdered alcohol, your
life just somehow got even worse.
Guinness World Records just declared a cat named
Corduroy the oldest living cat, at 26 years old. Or as
his owner put it, “Don't remind me.”
At this weekend’s Rogers Cup semifinals in Montreal,
tennis star Novak Djokovic complained that the smell of
marijuana near the court was throwing off his game.
Which really is classic Djokovic — great on clay, but
always struggles on grass.
Aug. 12: Astronomers report that the universe is dying
and we only have a few billion years left to live. With
that in mind, tonight let's waste an hour of that time
Bernie Sanders is now leading Hillary Clinton in New
Hampshire. He's seven points ahead. So forget those
emails from when she was secretary of state. I want to
see the emails Hillary sent out this morning.
Donald Trump refuses to give details about his policy
plans. Trump apologized by saying, "When I announced I
was running for president, I had no idea people would
take me seriously.”
Maria Sharapova and Serena Williams are the highest paid
female athletes in the world. After hearing this, Ronda
Rousey beat them up and took their money.
Aug. 13: Despite all of his sexist comments, 20 percent
of Republican women still support Donald Trump. When
asked why, the women said, "Because he's paying us
Yesterday was National Middle Child Day. It's a holiday
that doesn't matter much — just like a middle child.
If you didn't notice National Middle Child Day, you
celebrated it correctly, by the way.
A new study claims that first grade students are getting
three times more homework than they should be doing.
This is coming from the lead researcher, "Timmy."
Aug. 17: Chris Christie said he will top Donald Trump's
Iowa State Fair helicopter entrance by riding in on a
pony. As a result, all the ponies in Iowa have gone into
This weekend many of the Republican candidates said they
used a fit bit. In fact, Jeb Bush uses his to see how
much distance he can put between himself and his last
Starbucks announced that their pumpkin spice latte will
now be made with a little bit of pumpkin. Also, their
Frappuccino will now be made with a little bit of Al
A man set a new world record after kicking himself in
the head 134 times in one minute. He broke the previous
record of zero.
Aug. 17: This is our first show back after a two-week
break, a hiatus. In television, we don't take vacations,
we go on hiatuses. I have no idea why. We just do.
I made it through a whole hiatus and took no selfies at
all. My camera phone doesn't even know I exist.
Donald Trump was photographed at the Iowa State Fair
eating a pork chop on a stick. That's what I love about
America. You can fly on a private jet and eat at
five-star restaurants. But if you want to be president,
when they hand you a pork chop on a stick in Iowa, you
have to eat it.
Donald Trump landed his helicopter at the state fair and
offered to take some kids on a ride in the helicopter.
Twenty kids took the helicopter ride with Trump. He
dropped them off in Texas. They're now building a wall
on the border.
Aug. 12: In Kentucky a high school senior and starting
point guard on the basketball team was omitted from the
team's yearbook page. Some are saying it's because he's
gay. His school says it was an oversight. That's like
not putting Tom Cruise on the poster for "Mission
I was omitted from all of the sports team photos at my
high school. Worse than that, I was actually omitted
from all of the sports teams.
You know what really gets me? I had some great auditions
for the football team, for the cricket team, and they
said one of the reasons they wouldn't have me is that I
called the tryouts "auditions."
Aug. 12: Bernie Sanders has now passed Hillary Clinton
in the New Hampshire polls. It’s the first time anyone’s
ever been passed by a guy in a Prius.
Donald Trump said in a new interview that he believes
his performance in the polls shows that he has not
crossed the line of appropriateness. You can read the
entire interview in this month’s issue of Juggs
New York Jets quarterback Geno Smith broke his jaw
yesterday in training camp after getting punched in the
face by a teammate. Smith tried to punch him back but
his fist was intercepted and returned for a touchdown.
Aug. 13: Donald Trump gave a speech yesterday where he
accused Jeb Bush and Hillary Clinton of being under the
control of lobbyists, special interests, and
deep-pocketed donors. Trump says we should vote for him
because he’s not under control at all.
Despite no longer working for Donald Trump, former
campaign strategist Roger Stone said today that he still
fully supports his former boss. At which point, Trump
said, “OK, cut him down.”
The CEO of the dating app Tinder is leaving after just
five months with the company. Though five months is
still Tinder’s longest relationship.
Aug. 17: Donald Trump’s new policy paper would not give
automatic citizenship to children born in America if
they have foreign parents. Said Trump, “It’s nothing
personal, Sasha and Malia.”
New Jersey Governor Chris Christie said today that
Hillary Clinton's arrogance is “breathtaking.” Of
course, he also said the same thing about a flight of
Employees at a Days Inn in Tampa are claiming that
managers told them to flip a mattress instead of
replacing it after a guest died in bed. Even worse, the
body is now stuck between the mattress and the box
A winery in France is currently facing a rosé shortage.
For those of you not familiar with these terms, a winery
is a group of women who have run out of rosé.
WEEKLY SNOPES URBAN LEGEND UPDATE
HERE for the most current update.
• • • •
The stark reality of the California Drought cannot be
understood in articles alone. Sometimes it takes graphic
images to fully understand how serious the situation is.
That’s exactly what this BuzzFeed page does. After you
HERE and the images appear, move your mouse left to
right or vice versa to view the before and after effects
of the drought.
• • • • •
We are no doubt living in an era where dash and body
cameras can be a cop’s best friend. Have a look at
THIS news report that was posted on YouTube a couple
of weeks ago by an NBC affiliate in Kansas. (2:28)
• • • • •
Our “Chase of the Week” took place a few weeks ago in
the heart of Hot Chase Country (Los Angeles). If you
have the time and want to ride along with a news chopper
that covered it from start to finish, click
HERE and you will see a bad guy who refused to give
up after he foot bails. (20:15)
• • • • •
Like hits from yesteryear? Like the U.S. Navy? Have a
LOOK and listen to the “Jersey Boys of the USN,”
courtesy of Don Hale. (10:20)
• • • • •
With apologies to the late Gene Kelly and his phenomenal
dancing skills, this performance at the Festival Cirque
de Demain in Paris received from Alice Murphy certainly
• • • • •
Speaking of dancing, here’s a hypothetical question:
What would be the reaction of the late Capt.
BILL BROWN if he had caught you directing traffic
like this Filipino cop? No answer necessary. That
question is as rhetorical as it is hypothetical. (3:54)
• • • • •
One lucky family flying home to Northern Ireland to
visit family members for the holidays got a surprise
flashmob courtesy of the Tourist Board, airport and
airline employees, and the Belfast Community Gospel
Choir. Family members who hadn’t seen each other in
years got to share
THIS warm memory together. (3:28)
• • • • •
Lumpy may be one of those big game hunters that has been
drawing criticism recently from portions of the public
after the taking of Cecil the Lion a few weeks ago, but
that’s not to say he doesn’t have a heart.
Here’s a pic of the retired lieutenant holding one of
Cecil’s offspring who he plans to raise until it’s fully
grown, after which he’s going to set it free, then go
after it with his bow and arrow as soon as he learns how
to use one. (Settle down, animal lovers. That was
intended as a joke. Sort of.)
• • • • •
One thing about modern life is for sure: They don’t make
TV commercials like they used to. Check out this vintage
ad for Luckies, a popular brand of cigarettes from the
‘50s and ‘60s that many guys rolled up in the sleeves of
their white T-shirt because the pack would get crushed
if it was placed in a pocket of a tight pair of Levis.
More importantly, it made you look really
COOL, especially if you used Pomade hair grease and
had a D.A. (1:00)
• • • • •
Warning, graphic video:
Watch what happens when
THIS boat captain tries to dock his fishing boat.
• • • • •
Warning, this video contains nudity:
It shows a streaker at a Cricket Match in the UK who
gets chased down and
CAPTURED by a security officer. (0:42)
• • • • •
Insanity, pure insanity. Here is a guy who looks like
he’s auditioning for a Darwin Award:
Slacklining is a sport similar to tightrope walking,
involving walking on a line (usually made of some kind
of webbing material) that is tensioned between two
anchor points. A major difference, however, is that
slacklines are usually left somewhat loosened so that
there is a slight bounce to them akin to a trampoline
while traditional tightropes are held under very tight,
stiff tension. Additionally, tightropes are more of a
rope form (as the name suggests) while a slackline is
flat and ribbon-like.
Earlier this month, Spencer Seabrooke set the new world
record for longest free solo slackline walk in a spot
known as "the Itus" in the mountains of Squamish,
British Columbia. His 64-meter (about 210 feet) walk
smashed the previous record by 7 meters (23 feet), and
he did it with a 290 meter (951 feet) drop below him.
There were definitely some hair raising moments where he
slipped and fell, literally grabbing hold of the line to
save his life, but victory belongs to the bold and
• • • • •
If “The Donald” wins the GOP primary and talks his way
into the White House, we have it on good authority that
he’s going to sell Air Force One and use his own plane
to get around. Why? Because it’s a helluva lot nicer and
more luxurious than the president’s 747. Can you say
“KING TRUMP?” (3:30)
• • • • •
Most of you have probably seen humorous airline safety
briefings by Southwest Airlines’ flight attendants.
Here’s one that a passenger recorded of a Westjet Flight
attendant that has garnered almost 3 million YouTube
views. The only downside is that the person who recorded
VIDEO didn’t know the proper way to hold his or her
smart phone (horizontal vs. vertical). (2:27)
• • • • •
comes to short take offs and landings, there’s not a lot
of difference between this Super Cub and a helicopter.
Have a look at
THIS short clip. (0:42)
• • • • •
Any similarity to the location of this video and I-5
from the Bay Area to L.A. is purely coincidental because
this clip was captured by a motorist’s dashcam on a
highway in Russia. Bravo to whoever posted it to YouTube
as he or she selected the perfect musical sound track to
• • • • •
As someone who lived in Kodiak, Alaska as a kid, Jim
Silvers wants to know why you should bother with a rod
and reel or a net if you want to catch a large salmon
for dinner. Why not let your
DOG do all the work? (3:58)
• • • • •
Have a cat? Here’s a toy that can
ENTERTAIN it for hours that you didn’t even know you
had. Just don't run out of gas or let the battery go
• • • • •
Remember this movie from 1970? Looks to us that the real
thing has gone
VIRAL in Japan. Check this out. (1:59)
• • • • •
Over the years we have all heard the cliché “That’s as
difficult as herding cats” to describe something that is
virtually impossible. Whoever was first to use that
phrase that eventually caught on never saw this clip
from 9 years ago. Yes, herding
CATS is difficult, but it can be done. (1:08)
• • • • •
We are closing this week’s Farsider with a touching
video that Lynne Caro posted on Facebook. It’s a Steve
Hartman “On the Road” segment from a recent CBS Evening
News program about a little boy named
JADEN HAYES who is wise beyond his years. (2:54)
• • • • •
Pic of the Week
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