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" Is this what Riverside County includes. Second time to Fraudulently state false facts to deny elder rights. Perjury Knowingly making false statement of material fact of falsely denying knowledge of a material fact is perjury, a felony. If you are aware of possible perjury, contact the appropriate enforcement agency or your County Attorney's Office immediately. Description This section is from the book "The Constitutional Law Of The United States", by Westel Woodbury Willoughby. Also available from Amazon: Constitutional Law. 759. Arbitrary Administrative Discretion Generally speaking, it may be said that while wide discretionary power may constitutionally be granted to administrative agents, that discretion must be one which must be guided by reason, justice, and impartiality, and must be exercised in the execution of policies predetermined by legislative act, or fixed by the common law. In Yick Wo v. Hopkins29 the court laid down the doctrine that the legislative investment of purely personal and arbitrary power in the hands of any public official is a denial of due process of law. " The very idea," say the court, "that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself." 30 Of the ordinances in question the court say: "They seem intended to confer and actually do confer, not a discretion upon consideration of the circumstances of each case, but a naked and arbitrary power to give or withhold consent, not as to places but as to persons. . . . The power given to them [the supervisors] is not confided to their discretion in the legal sense of that term, but is granted to their mere will. It is purely arbitrary, and acknowledges neither guidance, nor restraint." 29 118 U. S. 35G; 6 Sup. Ct. Rep. 1004: 30 L. ed. 220. 30 Quoting and approving City of Balt

Perjury Knowingly making false statement of material fact of falsely denying knowledge of a material fact is perjury, a felony. If you are aware of possible perjury, contact the appropriate enforcement agency or your County Attorney's Office immediately.

"Page 1 DEPARTMENT OF HUMAN SERVICES SENIORS AND PEOPLE WITH DISABILITIES DIVISION OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 20 ADULT PROTECTIVE SERVICES -- GENERAL 411-020-0000 Purpose and Scope of Program (Effective 7/1/2005) (1) Responsibility: The Department of Human Services (DHS) Seniors and People with Disabilities (SPD) has responsibility to provide Adult Protective Services to older adults and to adults with disabilities whose situation is within its jurisdiction to investigate. (2) Intent: The intent of the program is to provide protection and intervention for adults who are unable to protect themselves from harm and neglect. (3) Scope of Services: The scope of services includes: (a) Receiving reports of abuse, neglect or self-neglect; (b) Providing and documenting risk assessment of reported victims; (c) Conducting and documenting investigations of reported wrongdoing; and (d) Providing appropriate resources for victim safety. (4) Availability: Adult Protective Services are available from the Department to any adult resident of a DHS-licensed facility, to Nursing Facility residents regardless of age, and to any adult residing in the community who meets the eligibility criteria listed in OAR 411-020-0015. Page 1 of 27 Page 2 (5) Statutory and Administrative Rule Guidance: Oregon has adopted laws and administrative rules to address different types of abuse or neglect to vulnerable adults. See Section 411-020-0010, Authority and Responsibility. (6) Intervention Model: (a) As a human services agency, the Department embraces a social model of intervention with a primary focus on offering safety and protection to the reported victim. The over-arching ethical value in Adult Protective Services is the obligation to balance the duty to protect older adults and adults with disabilities with the duty to protect their rights to self-determination. (b) The Department relies upon other key sources, such as law enforcement, legal, medical, and regulatory professi

The Fiction and Tyranny of "Administrative Law" "If the law supposes that," said Mr. Bumble, squeezing his hat emphatically in both hands, "the law is a ass -- a idiot." Charles Dickens, Oliver Twist On top of that came the suffering caused by trivial regulations and augmented by mutual surveillance, hedging men's activities with hidden dangers. Lift a hand and catch it in a net; move a foot and spring a trap. That is why the people of Cao's own provinces, Yanzhou and Yuzhou, have lost all spirit, and why the groans of wronged men fill the capital. Search through the annals for renegade ministers who surpass Cao Cao [Ts'ao Ts'ao] for blatant avarice and cruel malice! The Romance of the Three Kingdoms [, Three Kingdoms, attributed to Luo Guanzhong, Foreign Language Press, Beijing, 1995, 2007, Volume I, pp.372-373] The conservative columnist Joseph Sobran has a lecture on audio tape called "How Tyranny Came to America." This seems like a shocking and absurd claim. How could anyone believe that "tyranny" exists in America? Sobran must be some kind of extremist nut. Well, Sobran is a bit of an extremist, but to evaluate his claim in this case, even apart from his arguments, one thing we might do is look at definitions of tyranny as formulated by the Founders of the Nation. Thus, Thomas Jefferson said, in his Notes on Virginia [1784], warning about a legislature assuming all the powers of government: All the powers of government, legislative, executive, and judiciary, result to the legislative body. The concentrating these in the same hands is precisely the definition of despotic government. It will be no alleviation that these powers will be exercised by a plurality of hands, and not by a single one. One hundred and seventy-three despots would surely be as oppressive as one....As little will it avail us that they are chosen by ourselves. An elective despotism was not the government we fought for..." This is significant, not only defining "des

The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. Administrative Law in Riverside County

It is important, likewise, that the habits of thinking in a free Country should inspire caution in those entrusted with its administration, to confine themselves within their respective Constitutional spheres; avoiding in the exercise of the Powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create whatever the form of government, a real despotism. A just estimate of the love of power, and proneness to abuse it, which predominates in the human heart is sufficient to satisfy us of the truth of this proposition. Despite all the cautions of the Founders, this consolidation is precisely what has happened, and not even in elected hands. It is now quite common, embodied especially in the form of administrative agencies, particularly those of the federal government, like the IRS, the FCC, the FDA, OSHA, the USDA, the EEOC, the EPA, the Federal Trade Commission (FTC), and countless others. The consolidation of powers in these agencies, and their breach of Constitutional protections, may be examined in turn in relation to each power:

GAO's Accountability Partners American Society for Public Administration (ASPA) Association of Government Accountants (AGA) Association of Local Government Auditors (ALGA) Council for Excellence in Government Intergovernmental Audit Forums International Organization of Supreme Audit Institutions (INTOSAI) National Academy of Public Administration (NAPA) National Academy of Sciences National Association of Schools of Public Affairs and Administration (NASPAA) National Association of State Auditors, Comptrollers and Treasurers (NASACT) Organisation for Economic Co-operation and Development (OECD) Partnership for Public Service Back to Especially for the Auditing and Accountability Community http://www.gao.gov/aac/gaoaccountabilitypartners.htm

1. PDF] SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE ... File Format: PDF/Adobe Acrobat - View as HTML prevent abuse, protect victims, and prosecute offenders who abuse our elderly;. WHEREAS, Riverside County is a leader in the State of California in ... www.clerkoftheboard.co.riverside.ca.us/agendas/2009/.../02.11.pdf - Similar - 2. [PDF] SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE ... File Format: PDF/Adobe Acrobat - View as HTML offenders who abuse our elderly;. WHEREAS, Riverside County is a leader in the State of California in assisting our vulnerable elderly ... www.clerkoftheboard.co.riverside.ca.us/agendas/2008/.../02.16.pdf - Similar - More results from www.clerkoftheboard.co.riverside.ca.us » 3. County homeowner alert :: The Temecula Valley News ... Assessment (Appeal) is available at www.clerkoftheboard.co.riverside.ca.us. ... The Temecula Valley News Inc. 127 West Elder Street, Fallbrook CA 92028. www.myvalleynews.com/story/38381/ - Cached - Similar - 4. Recent Legislation « Reading Tea Leaves by Randy Wilson Where: Board chambers, 4080 Lemon St., Riverside. For the agenda: www.clerkoftheboard.co.riverside.ca .us/agendas/2009.htm ... rlwilsonconsulting.wordpress.com/category/recent-legislation/ - Cached - Similar - 5. Sonoma Administrative Code, Part 10 Aug 26, 2008 ... California Administrative Code, and (2) whether it is a ~on-agricultural water source. ...... particularly to elderly people, individuals with cardiovascular ...... a petition with the clerk ofthe board of supervisors requesting ..... transient occupancy tax (12) Parking restrictions on Riverside ... www.scribd.com/doc/.../Sonoma-Administrative-Code-Part-10 - Cached - Similar - 6. [PDF] Playground sparks concerns Rutherford police at work F^DUfood ... File Format: PDF/Adobe Acrobat the Clerk ofthe Board:

Administration on Aging

U.S. state securities regulators could soon be turning to health-care professionals for help treating a growing problem: investment fraud against the elderly. Denise Voigt Crawford, newly elected president of the North American Securities Administrators Association, or NASAA, helped launch a... Published By Steven Peck's Premier Legal

9 Table of Contents Page I. Adult Protective Services Cases 11 II. Introduction 11 A. Definition of Adult Protective Services 12 B. Background 12 C. Attempts at a Nationwide Picture 12-13 III. Purpose 13-14 IV. Methods 14 A. Sample 14 B. Procedure 14 C. Data Collection Instrument 15 D. Study Limitations 15 V. Findings 15 A. Statutory and Program Information 15-16 B. Statutorily Authorized Populations Served by APS 17 C. Program Administration 17-18 D. Investigatory Authority 18-19 E. Reporters of Elder/Adult Abuse 19-20 F. Failure to Report Abuse 20-21 G. Timeframes for Failure to Report Abuse 22 H. Prosecution Rates for Failure to Report 22 VI. Investigatory Requirements 22 A. Time Frames for Beginning an Investigation 22-23 B. Length of Investigation 23 C. Categories of Alleged Mistreatment Investigated by APS 24 VII. Reports Received, Reports Investigated, and Reports Substantiated 24 A. Total Number of Reports Received 24-25 B. Numbers of Reports by Complainant 25-26 C. Total Number of Reports Investigated 26 D. Total Number of Reports Substantiated 27-29 E. Substantiated Reports by Age Categories 29-30 F. Allegations Substantiated by Category 30-31 VII. The Victims in the Reports 31 A. Gender 31-32 B. Race/Ethnicity of Victims 32 C. Age of Victims 33-34 D. Reports/Investigations by Setting 34-35

STANDARD OF REVIEW When determining a motion to dismiss a complaint for failure to state a claim, allegations of the complaint, as well as any reasonable inferences [and annexed exhibits] which may be drawn therefrom in plaintiff's favor, are to be taken as true. Brum v. Town of Dartmouth, 44 Mass.App.Ct. 318, 321 (1998). Eyal v. Helen Broadcasting Corp., 411 Mass. 426, 429 (1991) and cases cited. See also Whitinsville Plaza, Inc. v. Kosteas, 378 Mass. 85, 87 (1979); Nader v. Citron, 372 Mass. 96, 98 (1977). Dismissal is also not appropriate where GiGi is entitled to any form of relief for any wrong or injury. Brum, at 321. Citron v. Nader, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Mass.R.Civ.P. 8(f). Massachusetts Declaration of Rights, article XI. "A complaint is not subject to dismissal if it could support relief on any theory of law" [Whitinsville Plaza, Inc. v. Kosteas, 378 Mass. 85, 89 (1979)], "even though the particular relief [which plaintiff] has demanded and the theory on which he seems to rely may not be appropriate." Nader, 372 Mass. at 104 (citations omitted). "A complaint should [also] not be dismissed simply because it asserts a new or extreme theory of liability or improbable facts." Jenkins v. Jenkins, 15 Mass.App.Ct. 934, 934 (1983). "[I]t is important that new legal theories be explored and assayed in light of actual facts rather than a pleader's suppositions." New England Insulation Co. v. General Dynamics Corp., 26 Mass.App.Ct. 28, 30 (1988) quoting 5 Wright & Miller, Federal Practice and Procedure, §1357 at 603 (1969 and supp. 1987). Patriarca v. Center for Living and Working, Inc., 1999 WL 791888 at 4 (Mass.Super. Sept. 8, 1999) (Wernick, J.). ARGUMENTS 1.Where Article V of the Massachusetts Declaration of Rights requires all public employees of the three branches of the government of the Commonwealth of Massachusetts to be accountable to the people at all times, this court is precluded from applying

Now, it is an effectual denial by a State of the equal protection of the laws when any class of officers charged under the laws with their administration permanently and as a rule refuse to extend that protection. If every sheriff in South Carolina refuses to serve a writ for a colored man and those sheriffs are kept in office year after year by the people of South Carolina, and no verdict against them for their failure of duty can be obtained before a South Carolina jury, the State of South Carolina, through the class of officers who are its representatives to afford the equal protection of the laws to that class of citizens, has denied that protection. If the jurors of South Carolina constantly and as a rule refuse to do justice between man and man where the rights of a particular class of its citizens are concerned, and that State affords by its legislation no remedy, that is as much a denial to that class of citizens of the equal protection of the laws as if the State itself put on its statute-book a statute enacting that no verdict should be rendered in the courts of that State in favor of this class of citizens."

The Library of Congress > THOMAS Home > Bills, Resolutions > Search Results THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display Limited To: DATES FROM 01/01/2007-01/01/2010 31 Bills from the 111th Congress ranked by relevance on "probation " . 31 bills containing your phrase (or variants of its words) in the same order . Listing of 31 bills containing your phrase (or variants of its words) in the same order . 1 . CAN DO Act of 2009 (Introduced in House) [H.R.1303.IH] 2 . Ex-Offenders Voting Rights Act of 2009 (Introduced in House) [H.R.59.IH] 3 . MEGA (Introduced in House) [H.R.330.IH] 4 . Whereas there are approximately three million Americans employed within the justice system; (Engrossed as Agreed to or Passed by House) [H.RES.45.EH] 5 . SERV Act (Introduced in Senate) [S.902.IS] 6 . SERV Act (Introduced in House) [H.R.2138.IH] 7 . Whereas there are approximately three million Americans employed within the justice system; (Introduced in House) [H.RES.45.IH] 8 . Safeguarding America's Seniors and Veterans Act of 2009 (Introduced in House) [H.R.746.IH] 9 . Managing Arson Through Criminal History (MATCH) Act of 2009 (Introduced in House) [H.R.1727.IH] 10 . Calling on the Government of Vietnam to release from prison, end the detention without trial, and cease the harassment and house arrest of the people who signed the Manifesto on Freedom... (Introduced in House) [H.RES.334.IH] 11 . Expressing the sense of the House of Representatives that the President of the United States should not issue pardons to senior members of his administration during the final 90 days... (Introduced in House) [H.RES.9.IH] 12 . National Criminal Justice Commission Act of 2009 (Introduced in Senate

Top county administrators and elected officials have decided to lead by example. 06-28-2009-Perhaps that 5% loss is the money they -Elder Lee Frank a elder who husband killed in Riverside County, victim funds denied. Is that the unclaimed funds that the supervisors get after 3 years?

World Land Speed Record Holder Fastest Woman on Land in Spirit of America Jet Car on the Utah Salt Flats First Sponsor of the World Land Speed Car Project for Breedlove. Sponsored him in building and getting corporate sponsors. Born in Riverside County CA. Tragic death of her husband (Gordon) Nye Frank in 2007. Nye and Lee Frank became the victims of the Riverside County DA Bureaucracy abuse. Nye Frank killed by a 27 year old Ty Reddish who's father is well connected to the Ol Boys Club. The case was closed behind closed doors in a administrative meeting. Riverside County Prosecutors even planted a false story to create bias. The headlines front page 5 months after the death of Nye Frank stated "fist fight and heart attack "in the Press Enterprise newspaper by the help of the alledged prosecutors roommate's boyfriend. Lee and Nye Frank had a rich All American history that the Riverside county DA office has tarnished.

Elder 68 year old Nye Frank attacked by Ty Reddish, son of Phil Reddish. He brags how he used the judo moves on a man 40 years older and choked the old guy. He beat him while passed out. Broke both rib cages so to smother Nye Frank. Then Phil, his wife and two sons stalked Lee Frank and neighbors....Then the administration of DA Rod Pacheco closed the case behind closed doors per Phil the father of the attacker he has friends high up. Not one public agency followed their mission statements and took on the responsibility and accountability of the Agencies. Instead they all let a older woman suffer for the abuse of the agencies for a buddy. I hope the public will step up in a call for justice for Nye and Lee Frank.