6/14/2007

Gardena City Council weighs trash deal to help company

The firm that picks up residents' garbage is losing money; city leaders may try to help.
By Sandy MazzaStaff Writer (Daily Breeze 06/14/07)

The Gardena City Council rejected a rate-increase request from its residential trash hauler, Phoenix Waste and Recycling Services, but is instead considering suspending $160,000 in fees.
The council voted Tuesday to postpone its decision until the June 26 meeting and asked City Manager Mitch Lansdell to discuss alternatives with the trash hauler, which has said it's financially strapped.

The company is contractually entitled to raise customers' rates by 58 cents a month this year, but it asked for a much larger increase from the current $14.25 a month to $18.36.
Instead, the city proposed suspending two fees charged to the company - for the city's household hazardous waste and recycling compliance programs - totaling $80,000 a year for two years.

The council "directed me to go back to discuss with Phoenix some alternatives to the current proposal of suspending fees for two years. I'm not sure what form that will take," Lansdell said.
He said it may be similar to sales-tax-rebate programs the city has had with other businesses, such as its two card clubs and a Target retail store. In those cases, the companies were expected to return the money when business improved.

"They pay a fee to the city based on their gross receipts. The city returned a portion of that. … When their business grew to a certain level, they paid it back."

Though the city is not required to assist these businesses, it does so "to be a good business partner," Mayor Paul Tanaka said.

"This could be the city's way of `investing' in the trash company with the idea of ensuring their financial well-being so they can do the service needed to be done with no unnecessary (rate) increases," Tanaka said.

Phoenix Waste has struggled with finances and reports of improperly influencing council members since it won the trash-hauling contract in 2005.

The company may have been doomed from the start in bidding on a city proposal that was not viable, Phoenix Waste Vice President Haig Papaian said.

"We made a mistake in our books but not in our service," Papaian said.

He said unexpected increases in gas and dump fees, among other things, have caused the company to lose more than $400,000 a year on this contract.

Phoenix agreed to a low fee - compared with surrounding cities - for its services when it won the contract in 2005 because council members said they would not accept any bidders that would charge more than the monthly rate that the former hauler charged, Lansdell said.

When the city sent out the request for proposals in 2005, Gardena wanted a trash and recycling system that separates solid waste from recyclables for a monthly cost to the consumer of $13.60.

"That was the rate Waste Management was giving at the time," Lansdell said, though he acknowledged that Waste Management did not offer three carts or automated trucks.

Phoenix was the only company that agreed to the low rate. Papaian said he knew the figure was low but thought the company could eventually make a profit.

"We didn't know fuel (and dump fees) would go up that much," Papaian said.

Some residents said they were disappointed with Phoenix Waste's requests for raises above the allowances in their city contract.

"Trash always seems to be a problem in the city," resident Steve Sherman said. "These were business people. … They must not have known what they were doing when they took this contract if they're defaulting now."

Papaian's contributions to council members' campaigns before his company got the contract have become the focus of controversy.

He said he donated to the campaigns of of Mayor Paul Tanaka, Councilman Steve Bradford and Councilwoman Rachel Johnson in 2004 because he wanted to contribute to the city, not because he wanted to influence their future votes. None of his direct contributions, which totaled $3,000 to council members, were illegal.

"There were no illegal campaign contributions done. We did not contribute to anyone on this council while we had this contract," Papaian said.

The council gave the city's commercial trash hauler, Waste Resources Inc., a five-year termination notice this year because of complaints with its service, Lansdell said. Lansdell said Waste Resources also asked for a rate increase, and that request will be decided by the council in the next few months.

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POLICE
GANG
Discovered

By Anne-Marie O'Connor and
Tina Daunt
TIMES STAFF WRITERS

LOS ANGELES-He is still proud of his tattoo. The somber image of Death's hooded skull and scythe tattooed onto the inside of the deputy's left ankle in 1989 initiated him into a select fraternity called the Grim Reapers. Then a street cop at the Lennox station, this deputy has risen to a key position in the Los Angeles County Sheriff's Department - along with other members of his "club." The groups - with macho monikers like the Pirates, Vikings, Rattlesnakes and Cavemen - have long been a subculture in the country's largest Sheriff's Department and, in some cases, an inside track to acceptance in the ranks. Senior officers say they began with the creation of the Little Devils at the East Los Angeles station in 1971. Membership swelled in the 1980s at overwhelmingly white sheriff's stations that were islands in black and Latino immigrant communities.

A federal judge hearing class-action litigation against the department described the most well-known of the groups, the Lynwood Vikings, as a "neo-Nazi, white supremacist gang" and found that deputies had engaged in racially motivated hostility. The county paid $9 million in fines and training costs to settle the lawsuits in 1996. But today, groups like the Grim Reapers are enjoying renewed popularity among young deputies, who say the groups are fraternities that bond on morale-building values, not race. A new group - the Regulators - has formed at the Century station, and even suburban deputies are thinking about getting tattoos. (Wasn't there a vigilante group called the Regulators? WFI Editor) Some senior officers say the groups provide emotional support for deputies who contend with a grueling regimen of violent crime and an 11-to-7 overnight schedule that strains family life.

The groups have their detractors. One deputy characterized the Lennox Reapers as "cowboys," and another complained that the Regulators were "acting just like the Vikings." (Newly elected) Sheriff Lee Baca has long been a critic of the groups, though he believes an outright ban would be unconstitutional. He urges deputies to stay away from the organizations, saying they encourage unprofessional behavior. Critics of the department go even further. They charge that the stations with the department's most troubled records - meaning the most frequent excessive-force lawsuits and discrimination complaints - are home to the most active deputy groups. And the groups are viewed with mistrust by many in the inner-city communities. "They are generally perceived as rogue cops who have often been accused of acting in very inappropriate ways in the street," said Joe Hicks, executive director of the city's human relations commission. "It doesn't seem to be good for morale or community relations."

FINDING EVIDENCE OF POLICE GANGS

Some of the lawyers now suing the Sheriff's Department on behalf of clients who say they were beaten, shot or harassed have demanded that deputies accused of misconduct roll down their socks and reveal if they have one of the distinguishing tattoos. In one case pending in federal court, attorneys want two deputies who allegedly shot a man to death to show whether their ankles bear the Vikings insignia. (Ironically enough, police are usually the ones demanding street gang members to show them their tattoos, as evidence of gang affiliation. The criminal world is virtually a mirror image of the police state, both relying on violence for power. WFI Editor)

Kevin Reed, an attorney with the National Assn. for the Advancement of Colored People's Legal Defense Fund, who worked on the class-action suit involving the Vikings, thinks the deputy groups encourage a pattern of excessive force. "There is a bond, not just of being a fellow deputy, but being a Viking, that gives you the comfort that no one is going to write the report that will hang you out to dry," Reed said. One Viking tattoo displayed in court bore the number "998" - the code for "officer-involved shooting" - Reed said, giving the impression that such shootings were celebrated as a rite of passage. Former Undersheriff Jerry Harper, who was Baca's boss until he retired after Baca was elected Sheriff, did not deny this. "It's a mark of pride…"

But David Lynn, a private investigator who testified on the deputy groups to the U.S. Civil Rights Commission - which is to address the issue in a report due in April - has called for the names of tattooed deputies to be cross-referenced with excessive force allegations. Sheriff Baca supports the idea of such a registry. "I cannot dismiss [the gangs] as a little club or as a social group," Baca said. "I see it as the wrong message to a public that desperately wants to be close to us, desperately wants to trust us. Having a Grim Reaper tattoo does not bring confidence in you as a deputy."

BY INVITATION ONLY

Although their total numbers are not known, the tattooed officers are found throughout department ranks. Many have risen to positions of leadership. Group members are said to be predominantly white and male, though Latino members are reportedly common. (Many Latino people, especially from Mexico, are descended from pure Spanish backgrounds, and actually are "white" people. WFI Editor) There are few black or female initiates, group members say. "It's no more than some of the fraternities at different schools," said the deputy who became a Grim Reaper at Lennox. The deputy, who is white, was honored the day he was asked to become a Reaper. His buddies drove him to a tattoo parlor and gave the artist the secret stencil with the Reaper icon. The tattoo was numbered and his name entered into a ledger kept by a veteran officer. To him the tattoo "showed that you were respected by your peers." The symbols are not meant to be sinister, but the more forceful logos - like a bolt of lightening - have higher status, he said. (Oddly enough, members of the German Nazi SS also had tattoos of bolts of lightening to signify their membership in the SS, which is how the Allied forces identified them for prosecution. How much more hard evidence does there have to be to prove that the U.S. Federal republic today is a police state? WFI Editor)

Even Baca acknowledges the appeal of the gangs. He recalls confronting the issue of Viking membership two years ago when he was a regional department chief. He was meeting with deputies at the new Century station, which replaced Lynwood. His superiors warned him to be cautious. "I think there was more of an interest of protecting me from what they perceived to be a backlash. Since I was the only one out there voicing an objection to it, they didn't want me so far out on a limb that my overall effectiveness as a chief might be mitigated. Well, now I'm the Sheriff, so I'm not worried about mitigation… Don't like [the police gangs]. Never have. Never will."

Today, some officers have told Baca they're thinking about getting their tattoos removed. One of them, Lt. Paul Tanaka, was made a top aide to the sheriff just after the election in August. Tanaka was tattooed as a member of the Vikings while a young deputy in 1987 - a year before he was named in a wrongful-death suit stemming from the shooting of a young Korean man. The department eventually settled for close to $1 million. Now Tanaka, a recently elected Gardena city councilman with aspirations to rise in the department and local politics, would like to disassociate himself from the gang. "Paul doesn't have anything to say about [the tattoo]," said Sheriff's Department spokesman Capt. Doyle Campbell. "It is perceived by some in a way that was never intended. He's having it removed. He wants it behind him." (That is also what all the ex-Nazis said at the end of World War II, but even though a tattoo can be removed, the attitudes that led to its being implanted cannot be removed so easily. WFI Editor)

It was 1990 police misconduct litigation that first hurled the deputy clubs - and the Vikings - into the public eye. The lawsuit, which asked the federal court to take over the Lynwood station, produced numerous accounts of "Animal House" -style thuggery. There were the deputies who shot a dog and tied it under their commanders' car; the deputies who smeared feces on a supervisor's engine. There was the map of Lynwood in the shape of Africa, the racist cartoons of black men, the mock "ticket to Africa" on the wall. U.S. District Judge Terry Hatter concluded that many deputies engaged in racially motivated hostility against blacks and Latinos. In 1996, the department was ordered to pay $7.5 million to 80 victims of excessive force in the area policed by the Lynwood station, and spend $1.5 million for mandatory training.

Then-Sheriff Sherman Block said Hatter's characterization of the Viking's as a "neo-Nazi" group was wrong, and said that the Vikings were primarily a social organization. (Which is like saying that the Aryan Brotherhood, a white supremacist prison gang, is just a club. WFI Editor) The 1992 Kolts Commission report on police brutality in Los Angeles said deputy "cliques" like the Vikings were found "particularly at stations in areas heavily populated by minorities - the so-called 'ghetto stations' - and deputies at those stations recruit persons similar in attitudes to themselves." The report said evidence "does not conclusively demonstrate the existence of racist deputy gangs." Nevertheless, it went on to say, "it appears that some deputies at the department's Lynwood station associate with the 'Viking' symbol, and appear at least in times past to have engaged in behavior that is brutal and intolerable and is typically associated with street gangs." (If it looks like a duck, and quacks like a duck, and smells like a duck, it's probably a duck. WFI Editor)

There never has been a follow-up report or investigation by an independent entity since. Within the department, Baca said, he was sufficiently concerned about the Vikings to send in a no-nonsense Latino commander to run the Lynwood station in 1989. He said he sent in Capt. Bert Cueva "to specifically stamp out this Viking phenomenon." Cueva "looked like Clint Eastwood, and you didn't mess with him," Baca said. "He was the right guy to go in an say, 'OK, folks, all this Viking crap is over with."

VIKING FUNERAL: ARYANS IN L.A.

But when Cueva ordered the transfer of reputed Vikings out of the station, four sued him for discrimination. The suit was eventually dismissed, and in 1992, Cueva retired from the force. The Vikings continued to operate. In May 1995, Deputy Stephen Blair was shot and killed in the line of duty. His buddies passed out lapel pins bearing the Viking symbol so deputies could wear them at his funeral, said Deputy Mike Osborne, who became a trainee at the Lynwood station in 1994. To Osborne, the Vikings mirrored the race and gender caste system at a station where deputies had to win acceptance from white male veterans, many of whom routinely used racist and sexist slurs.

Being invited to become a Viking was considered a tremendous compliment, Osborne said. "If you're hard-charging, one of the boys, you'll be asked. If you've paid your dues and you're not an idiot." Becoming "one of the boys" implied more than simple fellowship, Osborne said. "You keep your mouth shut and obey the code of silence. Any illegal acts you witness by other deputies, you don't say anything. If you're asked, you say, 'I didn't see nothing,'" said Osborne.

Osborne and his wife, fellow Deputy Aurora Mellado, retired in 1996 after Mellado broke that code by accusing her training officer of fabricating or destroying evidence to harass blacks and Latinos. The officer, Jeffrey Jones, pleaded no contest to felony charges of falsifying police reports that August. The month Jones was arraigned - March 1996 - someone shot at the Osbornes' home just before midnight, as their children slept in the rear bedrooms, he said. Osborne said he suspects renegade sheriff's deputies were involved. (Terrorism in L.A.? WFI Editor)

John Hillen, a retired Army captain at the Center for Strategic and International Studies, said the intensity of military life, which parallels the law enforcement experience, fosters subcultures of unit identity. "A lot of these subgroups can be as harmful as helpful," he said. For example, Ret. Col. Dan Smith, an analyst at the Center for Defense Information, said "underground groups" that arise within military ranks often have white supremacist leanings. Reports of such a culture in the Sheriff's Department have led attorneys pursuing misconduct complaints to try, with little success, to make membership in deputy gangs admissible in court. "It goes to motive, it goes to credibility, it implies a treatment of people of color," said civil rights attorney Hugh Manes. "Gang membership has long been accepted in courts in the context of criminal law. If it has relevance for the criminal courts, it certainly has relevance for the Sheriff's Department."

That kind of talk outrages tattooed deputies, who say the misdeeds associated with the Vikings gave everyone else a bad name. One such deputy called the tattoos a "harmless expression of camaraderie. It's like a Marine Corps tattoo." The day he got tattooed, three of his buddies picked him up and took him to a tattoo parlor, he thinks in East L.A. The artist already knew the tattoo by heart.

Sheriff Baca wishes deputies would just stop joining the tattoo subculture. California Highway Patrolmen get killed in the line of duty more often than sheriff's deputies, he says, and they don't get tattoos. When Marines get tattoos, they use official emblems, he said. "You ought to be proud to be a member of the Sheriff's Department," Baca said. "Tattoo your badge on your ankle, if that's what you want to do."

SOURCE: Excerpted from the 24 March, 1999, issue of the Los Angeles Times, Orange County Edition, from an article entitled, "A Secret Society Among Lawmen." Reprinted in the public service of the national interest of the American people.

(WFI EDITOR: The discovery of "gangs" in police departments has taken off like wildfire. For years members of the black community and the Latino community have complained that they were being mistreated by police, and all-white juries would acquit the police of any wrong-doing. Now that evidence is coming out that reveals that gangs have existed inside law enforcement, the evolution of street gangs and prison gangs has to be seen in the light of copying what the gang members were exposed to when in custody. The war on the street is directly related to the sense of siege of the underclass. Until that is addressed, there will be no peace in America.)

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