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The Farsider

October 1
8, 2012


Bill Mattos, Editor and Publisher <bilmat@comcast.net>
Leroy Pyle, Webmaster <leroypyle@sjpba.net>


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 its membership.


Born May 29, 1929
Appointed ?
Resigned ?
Died Oct. 8, 2012

While many retirees remember John, his records at Police Personnel have apparently been purged, probably because he resigned from the Dept. in lieu of retiring. As a result, we were unable to determine his appointed and resignation dates. The following obituary about the former sergeant appeared in last Friday's (Oct. 12th) edition of the Mercury News...

John Moring Percival

A resident of Fort Collins, Mr. Percival, 83, died October 8, 2012 after a short illness. He was born May 29, 1929 in San Diego to John Wesley and Thelma B. (Moring) Percival.

He is survived by his wife of 52 years, Novis L. Barrett Percival; children, John (Linda) Percival, Franci (Mike) Smith and Larry (Hope) Percival; and granddaughters Charlene, Ashley and Haley; and great grandson, Zachary; cousin, Peter Moring.

Mr. Percival graduated San Jose State University.

He was a motorcycle officer and homicide detective for the San Jose Police Department. John owned a fixed base aviation business in San Jose, California at the Municipal Airport. He also operated a fixed base aviation business in Hollister, California.

Mr. Percival enjoyed motorcycle motocross racing which he did from 1948-2003, He was California Parachute Club President, skydiving from 1958-2001, he enjoyed flying and was an instrument and multi-engine rated commercial pilot, owning a WWII P-51, 1930’s DC-3, 1950’s Convair, 1926 Howard aircraft and various single and twin-engine Cessna and Piper aircraft. He bought, sold and salvaged large commercial aircraft around the world, ferried aircraft to/from across the US, Mexico, Guatemala, Puerto Rico, Australia, New Zealand, Alaska, Pakistan and India. He also enjoyed bicycling, skiing, body surfing, scuba diving and wind surfing.

John supported many charities for people and animals. A private service will be held. Friends may send condolences to the family at
<bohlenderfuneralchapel.com>. Bohlender Funeral Chapel.



The drama continues in the form of a sworn complaint against the mayor...

Oct. 11, 2012

This morning in Sacramento, the law firm of Olson Fishburn and Hagel filed a sworn complaint signed by Jim Unland, President of the San Jose Police Officers' Association to the California Fair Political Practices Commission that details San Jose Mayor Chuck Reed illegally funneling $100,000 in campaign cash to support City Council Candidate Rose Herrera.

Check out Protect San Jose to read more.



• • • • •

This is how the paper covered the story about the POA's complaint...

S.J. Police Union Alleges Misconduct

—Complaint: Committee illegally gave money to re-elect Herrera—

By Tracy Seipel
Mercury News — Oct. 12, 2012

SAN JOSE — The president of the San Jose Police Officers’ Association on Thursday filed a complaint with the state’s political watchdog commission alleging violations of campaign laws governing the transfer of money between political committees that involves the District 8 City Council race.

San Jose police Sgt. Jim Unland’s complaint said a committee linked to Mayor Chuck Reed’s Measure B pension reform campaign illegally funneled $100,000 into a committee established to promote District 8 City Councilwoman Rose Herrera’s re-election.

It also said the independent committee broke the law because it didn’t disclose itself as a major contributor on a pro-Herrera mailer.

“I would hope to hear from the mayor or Rose Herrera speaking publicly that this money should not be spent,” Unland said.

In a statement Thursday, Mayor Reed called the charges “yet another political stunt from San Jose employee unions who want to distract voters from the real issues at hand: solving San Jose’s fiscal problems and putting more police officers back on patrol.” Unland filed the complaint with the state’s Fair Political Practices Commission, and wants the issue resolved before the money can be spent on behalf of Herrera. Gary Winuk, chief of the enforcement division at the FPPC, confirmed his office received the complaint and said it must decide within 14 days whether or not to investigate the matter.


California limits contributions to political campaigns, but a series of recent court decisions have eliminated those limits for independent political committees. But by law, those committees are not supposed to operate in coordination with candidates or measures. The current controversy stems from recent campaign contribution reports filed for the period of July 1 to Sept. 30, in which an independent committee called San Jose Reform Committee Support ing Rose Herrera for City Council 2012 raised $164,000. Of that, $100,000 came from another independent committee called San Jose Fiscal Reforms, Mayor Chuck Reed, Chamber PAC and IMPAC proponents, which was the primary committee formed to promote Reed’s Measure B pension reform campaign. Herrera has been a key Reed ally in support of implementing Measure B and his fiscal reforms, which the police are trying to block in court.


In his statement, Reed said that the POA knows it’s legal to make independent expenditures to San Jose campaigns and for independent committees to fund and contribute to other similar committees. In fact, he said, the POA and other city and county unions spent $186,000 in the primary election to defeat Herrera.

Unions representing San Jose police and firefighters, among other employee groups, are furious at Herrera for backing Measure B, which San Jose voters overwhelmingly passed in June. And unions have thrown tens of thousands of dollars into an independent committee that is supporting Herrera’s opponent, Jimmy Nguyen.


Unland confirmed that the police union’s communications coordinator Kerry Hillis last month took a leave of absence to work for the Nguyen campaign.

Herrera on Thursday called Chuck Reed “a man of character and honesty and integrity,” and said she would “be surprised if there was any substance to their charge” in the complaint.

Meanwhile, Herrera supporter and San Jose attorney John Daley late Wednesday filed his own complaint with the San Jose Elections Commission against Nguyen, alleging her opponent violated city campaign fund-raising limits, as well as state campaign finance laws.

The commission investigates alleged violations of city campaign law.

“I am very concerned about these apparent violations because 1) they are so flagrant and 2) they are being made by or on behalf of an attorney, who is generally held to a higher standard than other citizens,” wrote Daley in his complaint.

Nguyen, a mediator who was admitted to the California state bar in January, called Daley’s complaint “a trumped-up effort to distract voters from the real crimes being committed in District 8.”


• • • • •


The rumble in the jungle goes on...

Oct. 13, 2012

This week, Rose Herrera sent out a mailer accusing San Jose Police Officers of a "work slowdown."  She accused us of not responding to emergency calls for service as quickly as we can and for not making arrests just to make her look bad.  See the portion of her despicable mailer here:

Tomorrow a press conference will be held to repudiate Rose Herrera's malicious tactics and condemn Rose Herrera. We will expose her lies about our professionalism. We will be joined by Sandy Fontana, mother of our beloved Jeffery Fontana and several other community leaders.

If this week has proven anything, it is that Rose Herrera and her supporters will do anything legal or not to keep her in office. As you know, I filed a complaint against Mayor Reed for illegally funneling $100,000 in campaign cash to help Herrera's campaign. View the complaint here:
<http://tinyurl.com/d3z8do6>. Corporate special interests have flooded the mayor's political committee in an effort to curry favor with him. The complaint is actively being investigated by the FPPC.

Rose has proven she's willing to lie to save her job. Her supporters are willing to cheat. Give us an hour of your Sunday to demonstrate that we will not allow our professionalism, integrity or service to our community be questioned and exploited to save the career of a politician who has a demonstrated pattern of making bad decisions and lying and misleading people to cover up the impacts of her decisions.  

Jim Unland, SJPOA President

• • • • •

This issue about Herrera charging San Jose cops with a "slow down" was covered by the paper on Tuesday...

Cop Union Rips ‘Slimy’ Flier

—Pension reformer’s ad implies officers slack off to protest reduced benefits—

By Joe Rodriguez
Mercury News — Oct. 15, 2012

A furious election contest for a San Jose City Council seat escalated Sunday afternoon when police union leaders blasted the incumbent for a “slimy” campaign flier they said makes officers look like they’re lying down on the job in retaliation for pension cuts.

“This is a new low,” said Jim Unland , president of the San Jose Police Officers’ Association. “It shows she’s desperate.”

About three dozen officers and supporters, including the mother of a slain patrolman, gathered at a small park in the east foothills to denounce Councilwoman Rose Herrera, a pension reformer who is running for a second term in District 8, which encompasses the Evergreen Valley. Reached later by telephone, Herrera shot back.

“They’re angry about pension reform,” she said. “They’re angry I was the vote that put it on the ballot.”

San Jose voters in June overwhelmingly approved Measure B to reduce pension benefits whose costs to the city have tripled in a decade. Herrera sided with a slim council majority forged by Mayor Chuck Reed to put the measure in front of voters. The police union has gone to court to stop the measure from taking effect and has since pumped thousands of dollars into the campaign of Herrera’s challenger, Jimmy Nguyen, hoping for a victory that would tip the balance of power on the council.

District 8 incumbent:

Police have a “playbook.”

The focus Sunday was on the latest salvo in the campaign: Herrera’s depiction of a police union “playbook” borrowed from a Southern California law firm. But instead of X’s and O’s, the plays call for police to slow down on the job and “chastise” city politicians for not caring about public safety. Herrera mailed the political literature to voters and posted it on her re-election website, <

“It’s about the police union leadership,” Herrera said. “It’s not about the rank-and-file.”

But the speakers who lined up to denounce her said the flier was a cheap shot designed to turn citizens against the entire police force. They included Sandy Fontana, the mother of Jeffrey Fontana, a young San Jose police officer slain on duty in 2001.

“Rose Herrera telling the public that police officers are laying down on the job shows she has no grasp of reality and is ethically bankrupt,” Fontana said at a podium set up by the police union at Groesbeck Hill Park. “As a mother who lost a son in the line of duty, it makes me sick.”

Again, Herrera argued back, saying the police union was taking advantage of Fontana’s loss to protect pension checks above all else.

“I think it’s really unfortunate for them to recruit Mrs. Fontana,” Herrera said. “I have nothing but respect for her son and other officers who gave their lives in the line of duty.”

Sandy Fontana, mother of slain rookie San Jose
Officer Jeffrey Fontana, said City Councilwoman
Rose Herrera’s campaign flier “makes me sick.”

A few elected officials followed Fontana at the podium or stood in the background in political solidarity with the police union.

Councilman Ash Kalra said Herrera has refused to acknowledged a rise in city crime.

“She downplays it, sugarcoats it and then has the audacity to blame our police officers,” Kalra said. “She goes on the attack and uses some slimy law firm’s (playbook).

Santa Clara County Supervisor David Cortese, who once held the District 8 seat, said he had never seen a California politician “attempt to disparage an entire police force” until he saw Herrera’s campaign flier. “It’s the most outrageous political statement I have ever heard, period. ” Kevin Smith, a Santa Clara County deputy district attorney, offered two examples of police officers helping him prosecute criminals on their own time as evidence that the rank-and-file aren’t playing by the so-called playbook in Herrera’s flier.

“I have faith in San Jose and the San Jose Police Department, and I wish Rose Herrera did, too,” Smith said.

Standing in the background with rank-and-file officers were Councilman Xavier Campos and his sister, state Assemblywoman and former council member Nora Campos.

Herrera dismissed the police union’s political allies as “the same labor union supporters” who opposed Measure B.


• • • • •

This follow-up story appeared on the front page of the local section of Tuesday's paper...

Herrera in Fight to Keep Seat

—Police union backing gives challenger chance to flip the balance of power—

By Tracy Seipel
Mercury News — Oct. 16, 2012

SAN JOSE — In a term-limit era when incumbent City Council members seldom sweat re-election, San Jose City Councilwoman Rose Herrera is facing the fight of her career as city employee unions, enraged over her support for a pension reform measure that voters overwhelmingly approved, are campaigning furiously to defeat her.

The unions have in effect turned the race for the District 8 council seat representing the tawny foothills of southeast San Jose into another decision on pension reform Measure B and what they argue is its aftermath: police officers fleeing the city for better-paying jobs elsewhere, and surging crime.

Herrera, 59, seeking her second term, argues that pension reform and pay cuts were needed to avoid deeper layoffs of police and other workers as skyrocketing costs for generous retirement packages devoured the city budget. The unions, she says, “want to undo the will of the voters.”

“I am doing what is right for the people of San Jose,” Herrera said. “They want to take us backwards.”

Herrera’s opponent, Jimmy Nguyen, a political novice with a thin résumé who says he’s been living off credit cards and family support, was catapulted into contention by the aggressive independent union campaign against Herrera. The 35-year-old, who has held various part-time jobs as a recreation leader and mediator, was just admitted to the bar this year, and was the runner-up in a three-way June primary in which Herrera narrowly missed the majority support to clinch re-election.

Nguyen argues that Measure B violates employee rights and that the city should have negotiated a pension solution with its unions. Now, he said, crime is on the rise because cops are leaving.

“This election is about the policies and the merits of the policies that either hurt us or help us,” Nguyen said. “In this case, there are policies out there that are hurting us and exposing us to criminals.”

What makes this contest critical is that, unlike the outcome of the District 10 race in Almaden Valley, where both candidates support Reed’s measure, the winner in District 8 could tip the balance of power on the divided council, where Reed has led a fragile majority in a hard-fought quest to reduce mounting employee retirement costs.

The mayor is relying on Herrera to help him implement the reforms, which city employee unions are trying to block in court.

Those unions backed Herrera’s first run for council, and feel betrayed by her vote for pension reform. But voters in Herrera’s district passed pension reform by almost 71 percent, while citywide the effort passed by 69 percent.

“The police union is against me because I supported Measure B,” she said.

While not officially endorsed by the police officers union, Nguyen is benefiting from at least $175,000 that independent committees linked to police and other employee unions are spending in a bitter campaign to unseat her. But Nguyen said that the unions “are raising money for themselves; they are not raising money for me.”

Reed and others also have donated at least $164,000 to an independent expenditure group that supports Herrera.

As both candidates introduce themselves to voters, residents have noticed the recent uptick in crime.

Luis Aguilar recently told Nguyen that his truck was broken into in late August, and when he called the police, it took them 15 minutes to arrive, which he said was too long to wait. If anyone breaks into his house, he said, he might have to defend himself and “take matters into my own hands.” Aguilar agreed with Nguyen’s focus on beefing up the police force, and said he’s got his vote.

But businessman Reyad Katwan, who also has witnessed a string of car break-ins near his office building in the district, supports Herrera. If anything, he said, the unions’ anti-Herrera campaign is driving criminals to San Jose.

“The police are playing politics with our lives and our safety and our personal property,” he said. “They should just go out and do their jobs.”

During her first term, Herrera opposed the sale of a water system to a private venture, which she said could have led to higher water rates for Evergreen residents; fought to keep traffic improvements and San Jose’s Lake Cunningham Skate Park from being cut; and pushed for a future branch library in Evergreen Village Square.

She was a key vote in helping Reed get the pension reform measure on the ballot and in cutting all city workers’ salaries to avoid more layoffs.

But Herrera is worried about the rising number of complaints from residents alleging slow response by police to crime in the district. Among other strategies to reduce the city’s recent crime spike, Herrera supports the police chief’s call to return at least 17 officers to patrol who are doing background checks. City officials say the police union is resisting.

For his part, Nguyen said the district needs someone like him, a volunteer mediator on leave with the Santa Clara County Office of Human Relations, who can resolve issues between two sides that don’t agree.

Nguyen also said the district needs more library hours and after-school programs as a way to divert children from getting into trouble. Asked where he would find the money to restore cops and library hours, as well as the community centers, park maintenance and street repairs he advocates, Nguyen said it could come from consolidating city departments.

While both candidates grew up in the district, Herrera’s career has followed a more traditional path: She joined the Air Force after high school, then returned to the area to work for the Santa Clara County probation department and the county’s Office of Human Relations. She worked for high-tech firms, and later founded a software company, but as previously reported, filed for bankruptcy in 1996. She later returned to high tech before being elected in 2008.

Nguyen’s résumé includes a variety of volunteer or part-time jobs, including working as a part-time recreation leader in an after school program for at-risk youth at what is now the city’s Seven Trees Community Center.

He said he worked full time from 2005 to 2007 for a mortgage company in Milpitas that’s now defunct. As a volunteer mediator for the county from February 2011 through June 2012, he was paid for only three months, due to a grant. He recently taught criminal justice courses at DeVry University.




Results from last week's poll...

The correct answer to last week's poll was "None of the above." Over $10
trillion of the $16 trillion national debt is owed to ourselves (the U.S. government).
China owns only $1.16 trillion of our debt, with Japan a close second at $1.12 trillion.


For the most recent Rasmussen Reports releases, click here:



Seems that it's either feast or famine for this column. This week it's the latter (no mail was received). Ergo:



Saturday, Dec. 8, 2012

Holiday Inn, 1350 N. First St., San Jose (408) 453-6200

Retiree Party: 5:30 - 6:30 p.m.
Membership Cocktail Hour: 6:00 - 7:00 p.m.
Dinner: 7:00 - 8:00 p.m.
Dancing: 8:00 - Midnight

Members are free. Guest is $60 (only one guest per member allowed)
Checks to be made payable to the "Keith Kelley Club"
Mail to: 116 Fox Ave., San Jose, CA 95110

Group rate rooms are available for $89 plus tax. Includes breakfast for two.
(call the hotel for reservations)

For more information, contact KKC Office Manager Margie Thompson at (408) 891-3760

Table reservations for party of 10 available from Ted Vasquez at (408) 772-1909



The buzz that will likely last until Monday's third and final debate is about the falsehoods and/or misleading statements made by Obama and Romney during Tuesday's second presidential debate. Numerous newspapers and Internet sites claim they have fact-checked the debate, but are they free of bias? Do they themselves need to be fact-checked? Here are some links that will show you how the fact-checkers differ...


FactCheck.org (perhaps the least biased)

Huffington Post

CBS News

Washington Post

New York Times

ABC News

BBC News (U.S. and Canada)


USA Today

Dozens more are easily accessible by Googling "Fact checking the second debate."



The facts behind the legends, information and
misinformation that has or may show up in your inbox

New Articles

• Account describes a customer's purchasing a single grape to obtain cash back from an EBT card.

• Rumor about gang initiations taking place in Montgomery, Alabama.

• Does Barack Obama's wedding ring bear an Arabic inscription reading 'There is no god but Allah'?

• Employer issues a missive to his employees stating that any additional taxes on his business will result in his shutting the company down.

• Do New Hampshire state legislators receive a salary of only $100 per year?

• Eerie 1950's legend claims a broadcast by Houston's KLEE-TV was received by viewers in England three years after the station had gone off the air.

• Essay details the sad fates of rich and powerful men from 1923.

• Don't forget to visit our Daily Snopes page for a collection of odd news stories from around the world!

Worth a Second Look

• Is there a famed haunted house attraction somewhere in the U.S. so scary that no one has ever completed a tour of it?

Still Haunting the Inbox

• Check out our 25 Hottest Urban Legends list to keep abreast of what's circulating in the on-line world.

Fraud Afoot

• Visit our Top Scams page for a list of schemes commonly used by crooks to separate the unwary from their money.



I don't think the 4-year-old piano-playing kid in this video that Alice Murphy sent in is all that hot. I could make the same sounds come out of my grandmother's piano when I was four. All that was needed was for someone to insert a roll of music in her player piano and tell me to pump like hell. (4 Mins.)


• • • • •

If this caller to a radio station was serious, it's not only funny, it's also scary. Why? Think about it for a moment. She gets to vote. (4 Mins.)


• • • • •

If you want to see something very interesting, have a look at this clip about the Living Bridges in Northeast India. Sent in by Don Hale, the video shows how the people of a town that receives more rainfall than anywhere else have found a way to make nature work for them. (4 Mins.)


• • • • •

Ron Gaumont says he was thinking of buying a motorcycle until he watched this compilation video of 100 M/C crashes in Asia. Viewers who choose to watch it will note that there is a link to an additional crash video. (6 Mins.)


• • • • •

Here's an interesting PBS News Hour political quiz from Chuck Blackmore that will measure where you are on the political spectrum. Care to give it a try?

Here's how Charlie scored:




• • • • •

If you are a fan of Britain's leading WW I fighter like Snoopy is, you're going to want to watch this clip from Dirk Parsons about the Sopwith Camel. (9 Mins.)


• • • • •

Are terrorists, not lightning strikes, responsible for some of the wild land fires the U.S. has been experiencing? Watch this video received from Joe Suske and decide for yourself. (9 Mins.)


• • • • •

News anchors take a risk appearing on live TV. Here's a compilation video that shows some of the moments where they wish they could have had a do-over. (7 Mins.)


• • • • •

And finally, if you were a teenager back in the '50s like us, here's are three videos that will take you back to a gentler and far less complicated era. The music alone is worth some clicks of your mouse while the images are the icing on the cake. If you chose to watch the clips, you may, like us, wish you had realized at the time just how good those days were.

Best of times Pt. 1: <http://www.youtube.com/watch?v=sDc0ID6PJeg> (11 Mins.)

Best of Times Pt. 2: <http://www.youtube.com/watch?v=3lT1sHyi2eY> (12 Mins.)

Best of Times Pt. 3: <http://www.youtube.com/watch?v=qmF91z1-dRY&feature=relmfu> (7 Mins.)


• • • • •




Pic of the Week

Twenty-four hours after Endeavor was moved
from LAX to Inglewood, many are wondering if it
was a smart location to display the Space Shuttle.


Scrolling Box

This is the message box, using the scroller component.



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