Docstoc

recall

Document Sample
recall Powered By Docstoc
					                                  CHARGE FOR RECALL

                   Cowlitz County Washington Sheriff Mark Nelson

                       to the Honorable Cowlitz County Washington

                                      Superior Court Judge

                and Cowlitz County Washington-Department of Elections.

We, The International Longshore and Warehouse Union ( international) and ILWU Local
21 , the undersigned citizens and legal voters of Cowlitz County Washington,
respectfully direct that a special election be called to determine whether or not , Cowlitz
County Washington Sheriff Mark Nelson be recalled and discharged from his office, for
and on account of:

       Violation of Oath of Office:

                      Failure to protect a citizen in Cowlitz County

                      Failure to serve without discrimination or bias

                      Failure to abide by all laws

                      Failure to honor and abide by the Constitution of the United States
                      of America

       Misfeasance:

                      Lack of fiscal responsibility, wasting tax payer dollars

                      Lack of due diligence in supervising personnel leading to civil rights
                      violations and unnecessary injuries of citizens

                      Law enforcement showing bias, failure to arrest an accused person;
                      just because of whom his victim was and his victims affiliation.
                      (victim being union member)

       Malfeasance:

                      Violation of civil rights

                      Failing to render aid

                      Police Brutality
                       Assault and Battery

                       Inciting a riot

                       Deceit and Harassment

In the following particulars:

That Cowlitz County Washington Sherriff Mark Nelson willfully committed acts of
Misfeasance in his position as Sherriff.

Facts:

   -     On September 21, 2011, Sherriff Mark Nelson dispatched upwards of 80 officers,
         in riot gear to the EGT plant in Longview Washington. The response included an
         armored vehicular, law enforcement refers to as “the peace maker”. All this is
         response to 9 woman (all union supporters) sitting on the rail road tracks,
         exercising their Constitutionally- protected right to assemblage.
   -     Mark Nelson has failed to act fiscally responsible, squandering tax payer dollars;
         by responding to rumors, innuendos and thoughts of possible actions.
   -     Mark Nelson has failed to use due diligence in supervising, educating and
         reprimanding his officers, failing to control their over-zealous abuse of power.
   -     Mark Nelson had a responsibility to communicate with protesters, evaluate their
         level of activity and act accordingly, instead he over reacted adding fuel to an
         already explosive situation and causing his officers to use excessive force and
         unexcused injury to picketers.
   -     Mark Nelson’s failure of review department policies and procedures has created
         an atmosphere where as; civil right violations, excessive force and police brutality
         have become accepted methods of law enforcement in Cowlitz County,
         Washington.
   -     July 2011 a meeting was held at LCC with the following attendees: Port of
         Longview Administration Representatives, Port Commissioners, Larry Clarke
         EGT CEO, Sue Baur Cowlitz County District Attorney, Mark Nelson, Jim
         Douscha, Kelso Police and EGT security; the topic was how security would
         handle the union representatives, the union was not included.

That Cowlitz County, Washington Sherriff Mark Nelson willfully committed acts of
Malfeasance in his position as Sherriff. FACTS:

   -Due to an inter-department agreement with other branches of law enforcement
   several different agencies were involved in these violations but all were done under
   the direct supervision, approval and knowledge of Mark Nelson.
-   Between September 7, 2011 and September 21, 2011, Mark Nelson issued
    deceitful statements to the media to insight anger from the public against ILWU
    and Union protesters. Referring to them as “criminals” and “thugs”, without one
    protester being convicted of a crime as a result of picketing, stating that local #21
    ILWU was the aggressor on September 8, 2011, when he had only allegations,
    innuendos and rumors; these words were used to defame ILWU to directly
    influence public opinion against the union and protesters and cause an unjust
    backlash to ILWU members and protesters. Accusations include but are not
    limited to:

           On August 29, 2011 two union protesters were ran down by an employee
           of EGT; Mark Nelson failed to protect, in a timely matter, these individuals
           from a vehicular battery, even though video footage clearly shows the car
           accelerating and striking picketers with great force. (charges have since
           been filed)

           Mark Nelson announced that his officers were assaulted by “criminals” on
           September 8, 2011, however followed that statement up with “protesters
           were gone by the time law enforcement arrived to the scene”. We are still
           baffled as to how an officer was assaulted, when they were not at EGT
           until all the protesters were gone.

           That on September 8, 2011 Union protesters “took 6 EGT security guards
           hostage”, this was later recanted but the damage and defamation to the
           union’s reputation was already done.

           Protesters were assaulting officers with bats and ax handles; after
           reviewing video and pictures from this day’s peaceful protest, no bats or
           ax handles were seen, Mark Nelson is exaggerating the protesters efforts
           to justify his use of excessive force and brutality.

           Mark Nelson released a statement to the media that union protesters had
           pepper sprayed his officers, when in fact no protester possessed pepper
           spray; one officer went to viciously pepper spray a protester, missed and
           pepper sprayed his fellow officer.

    Mark Nelson has created an atmosphere whereas; civil rights violations, political
    repression, harassment, police brutality and over-zealous law enforcement
    practices on Cowlitz County citizens are not only condoned, sanctioned and
    taught, by Mark Nelson and his representatives, but he encourages this behavior
    even rewarding these illegal acts. Mark Nelson by his own actions and by
    discriminatingly targeting innocent people, has created civil unrest in Cowlitz
    County.
o Mark Nelson encouraged illegal harassment of citizens of this county
  examples are(but not limited by): shining lights into homes of Union
  members at night for long periods of time, arresting someone, only to
  move that person to a more public place to arrest them again, thus making
  a “public show” of the arrest, Pulling union members out of their car by
  their hair without asking them to get out of the car, arresting union
  members for what would normally be a ticketed offense and not releasing
  them until they post bail. Targeting anyone with union symbols/signs on
  their clothes, cars or homes for undue harassment by his officers.
o August 29, 2011, Two protesters were purposefully struck by a vehicle
  operated by an EGT employee. CCSD refused to issue a citation, arrest
  or punish the driver even though it was on video, showing the driver
  accelerating before striking the protesters. (charges have since been
  issued however law enforcement could have alleviated all the anger in this
  situation by directly dealing with and arresting the driver)
o Showing a bias and discriminating against a union member; on August 29,
  2011 the two men that were struck by the car angered the other protesters
  and allegedly one protester slightly damaged a car directly behind the
  offending vehicle, That protester was arrested that day, however the
  person that assaulted the two men with the car was charged 6 weeks
  later.
o On September 21, 2011, nine non-union women went to exercise their
  Constitutional right to assemblage at EGT in Cowlitz County. These
  women were peaceful and described their mood as “excited, happy, even
  goofy”. They believed they were going to voice their political opinion and
  everything would be fine. Mark Nelson had other ideas; his officers went
  into this situation described by witnesses as “pumped up” “amped” and
  “out of control”. There were over 80 officers that responded to 9
  protesters. Law enforcement was dressed in riot gear, Mark Nelson had
  ordered a tent to be set up in a local parking lot for casualties and the local
  hospital was put on standby. Mark Nelson was planning on hurting these
  protesters and when he did not have the numbers of protester he was
  looking forward too, his deputies unleashed all their adrenaline on the few
  protesters that were on the tracks. After realizing there was not the
  number of protesters Mark Nelson had expected, at any time he could of
  ordered the officers to “stand down” but he chose not to, allowing the
  situation to escalate to a dangerous level. Law enforcement grabbed a
  57 year old grandmother’s arm, twisting it, with such force as to rip the
  arm out of the rotary cuff requiring hospitalization. Before this attack, She
  was not given any warnings, was not asked to get up and move nor was
  she resisting in any way, her physical condition did not allow her to stand
  quickly therefore law enforcement wrenched her arm in a way as to
  dislocate or break her arm. Upon hearing her scream for help; two ILWU
  longshoreman who had been standing away from the situation, reacted to
  her screams of pain, begging them to stop hurting her. With no warning
  the two men were grabbed from behind, thrown to the ground, handcuffed
  and as they laid on the ground, unable to move, they were repeatedly
  pepper sprayed, their eyes held open and the pepper spray was applied
  by law enforcement. Officers choked one protester until he lost
  consciousness after he was on the ground and cuffed, the officers were
  not in any jeopardy of harm or injury, this was done for spite and to
  purposefully injure the protester. Officers laughed and rejoiced at the
  damage they had done, even arm pumping and high fiving each other.
  The two men were begging for water, the protesters were begging law
  enforcement to help the two men. Mark Nelson’s staff delayed their
  medical care calling them “pussies”, and refusing them water. The other
  protesters were so frightened and afraid for their lives, by the lack of
  empathy of the officers that one of them dialed 911 asking for an
  ambulance. Trying desperately to get medical attention for a person she
  felt was dying as she watched. One of the men sat on the back of what is
  being referred to as “the patty wagon” begging for water to relieve the burn
  of the pepper spray, water sat two feet away from him and the officers
  refused his request, thus adding to the torture this man had already
  suffered at the hands of CCSD officers. Later examination of the wounds
  which included; bruises, cuts, scrapes and temporary blindness, it also
  showed a presumed bite mark on one of the ILWU members backs
  received allegedly from law enforcement
o That evening CCSD spokes- person Grover Laseke made a statement to
  several news crews that “ getting arrested is a physical thing even if you
  don’t resist” In our opinion trying to justify the dislocating of a 57 year old
  woman’s arm and choking a young man until he lost consciousness.
o CCSD under the direction of Mark Nelson used “excessive force”, to the
  extent that the Sherriff deployed the “peacemaker” an armored vehicle
  and over 80 officers in riot gear to stop 9 woman/one man protesters on
  Cowlitz County railroad tracks.
o On another occasion, 200 ILWU members surrendered themselves to the
  Hall of Justice on the hopes of ending the relentless and unending
  harassment of law enforcement. Mark Nelson did not respond to them
  even though he had received ample warning that they were coming. That
             evening an ILWU board member was arrested, move in a church parking
             that could only be described as “made-for-TV” which was not necessary
             because the ILWU board member had tried to turn himself in to law
             enforcement just hours earlier. Mark Nelson and his officers are grand
             standing at the expense of Cowlitz County tax payers.
           o Mark Nelson than made a phone call to the Port Of Longview officials
             telling them to “shut it down” exercising a “emergency response”. Mark
             Nelson assumed the protesters would go to the port, when all they did was
             stand outside the Hall of Justice silently asking for his department to do
             their job. There were enough officers at the Hall of Justice, they could of
             said something if the protesters were “heading to the port”. They would of
             noticed if 300 people were going down Industrial way. Mark Nelson is over
             reacting in an attempt to sway public opinion against a group of what he
             refers to as “criminals”, when in reality all they are is law abiding citizens,
             exercising their Constitutional rights given to them by their fore-fathers.
           o Mark Nelson’s spokes-person made a statement that “ CCSD does not
             protect grain” however there are pictures (in the Longview Daily news
             dated September 8,2011) showing two rows of SWAT members with
             automatic rifles standing ten feet apart guarding the railroad tracks as a
             train loaded with grain passed by, with no trespassers in sight.
           o These officers failed to use care and keep safe these protesters after
             placing them in cuffs and arresting them the protesters were at the
             officer’s mercy and believed they would be safe. Officers assaulted,
             harassed, belittled and demeaned protesters causing injury, mental cruelty
             and anguish, as well as physical torture. All inflicted due to a lack of
             control by Mark Nelson and his officers believing their behavior will be
             tolerated.



Due to Sherriff Mark Nelson’s lack of due diligence in supervising, education,
reprimanding and monitoring his subordinates, he allowed, protected civil rights of the
protesters to be violated. (this is a partial list and in no way the entire list of violations)

   -   A protesters eyes were held open and pepper-spay was applied, constituting
       cruel and unusual punishment and lack of due process of law.
   -   Peaceful assemblage was interrupted by CCSD arresting protesters for little or
       no cause.
   -   Once protesters were down on the ground and cuffed, CCSD continued to
       pepper spray in excess. CCSD delayed rendering aid and/or medical attention
       again constituting cruel and unusual punishment.
    -   Mark Nelson rendered punishments without due process of law, allowing “street
        justice” instead of justice in a court of law.
    -   Choking a protester until he lost consciousness after he was in cuffs on the
        ground and totally at law enforcement’s mercy.

This is only a partial list of the offenses (to date) by Mark Nelson and his department
CCSD, we reserve the right to; amend, add too or substitute any additional claims in the
future.

Cowlitz County has become a battle zone and Mark Nelson has some of the blame.
Citizen’s depended on law enforcement to decelerate the situation, which Mark Nelson
has failed to do. In fact, his officers have contributed to the turmoil and accelerating the
atmosphere of violence in what would have been a peaceful protest. If at any time Mark
Nelson and his representatives had used; fair, unbiased, non-violent, honest means,
they could have kept the protest from going to civil unrest. We, the International
Longshore and Warehouse Union (International) and ILWU Local 21, feel that one of
the ways to right the wrong done by Cowlitz County Sheriff Mark Nelson is to remove
him from the office.

        I duly affirm and certify the above charges are correct, truthful and complete, and
that I have expressed knowledge of each charge and they are true to the best of my
knowledge, the undersigned dated this day September 26, 2011, In Longview
Washington, County of Cowlitz.

International Longshore and Warehouse Union (International):

1188 Franklin Street, 4th Floor
San Francisco, CA 94109-6800
phone: 415.775.0533

International Longshore and Warehouse Union -Local 21

617 – 14th Avenue
Longview, WA 98632

Contact Person Laurie Davis 360.425.9142

Daniel Coffman President ILWU Local 21     _________________________________________

Byron Jacobs ILWU Local 21                 __________________________________________

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:7
posted:10/20/2011
language:English
pages:8