Community Health First
Joe Hawkins
3 Marlin Dr.
Pittsburg, CA 94565
(925) 473-1974

STATE OF CALIFORNIA
Energy Resources Conservation
And Development Commission

       
In the Matter of:                   )          Docket No. 98-AFC-3
                                    )          Correction for Dec. 18th Doc.
                                    )          Demand to Cure or Correct
                                    )          Violation of the Bagley-Keene
                                    )          Open Meeting Act.
                                    )          
The Application for Certification   )          Joe Hawkins representing
For the Delta Energy Center (DEC)   )          Community Health First
____________________________________)



Demand to Correct or Cure Violations of the Bagley-Keene Open Meeting Act

Demand of C.E.C. to cure or correct actions alleged to have been taken in violation of The Bagley-Keene Open Meeting Act (Government Code sections 11120, 11131 et. seq.) at the CommissionŐs hearing of November 18 to November 19, 1999, and subsequent refusal to grant another hearing and appeal. I previously stated the Brown Act as the law. I was incorrect so add this to that complaint. Do not amend it by replacing it totally. I want the initial complaint to stay with the record. So as to establish the time of original submission on the date ofDecember 18th, 1999.

Petitioner cites section 11120 of the Bagley-Keene Open Meeting Act.

"It is the public policy of this state that public agencies exist to aid in the conduct of the people's business and the proceedings of public agencies be conducted openly so that the public may remain informed.

In enacting this article the Legislature finds and declares that it is the intent of the law that actions of state agencies be taken openly and that their deliberation be conducted openly.

The people of this state do not yield their sovereignty to the agencies which serve them.The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.The people insist on remaining informed so that they may retain control over the instruments they have created."

Petitioner cites section11131 of the Bagley-Keene Open Meeting Act.

"No state agency shall conduct any meeting, conference, or other function in any facility that is inaccessible to disabled persons.As used in this section, "state agency" means and includes every state body, office, officer, department, division, bureau, board, council, commission, or other state agency."

Community Health First, represented by Joe Hawkins, a party in Intervention hereby Petitions the Energy Commission of the fact that by denying me the right to reopen and question the Applicants witnesses and due to the location and sitting and length of time of the hearing and process CEC 98-AFC-3 including the hearing of Nov. 18th, 1999 and the brief that followed they are in violation of the Bagley-Keene Open Meeting Act. This is a notice to Cure or Correct this violation by allowing petitioner his rights to due process in the cross examination of witnesses in the matters of public health and the creation of a legal record in such.

This Notice is being made on the grounds that:

  1. I during the hearing informed all parties that I had a concentration time of only 2 to 3 hours.

  2. The Commission recognized my disability in their determination of hardship at the web site http://www.energy.ca.gov/sitingcases/delta/notices/1999-09-17_order1.html.

  3. The Location was next to a sanitation processing facility which when I tried to get fresh air hoping it would help - the outside air was also making me sicker.

  4. The length of the hearing was until past 2:30 am in the morning on a weekday, which in itself is unheard of.

  5. MY requests have been denied to reopen the case so that I may question on health related issues that we where denied because I was the one who was suppose to question on those subjects. Jim MacDonald was suppose to only cover the Environmental Justice Issues for Community Health First and you did not take my notice of time restrictions into account and allowed the proceedings to go forward, knowing of my time limitations due to my disability.

  6. Michael Boyd mike_e_boyd@hotmail.com-President of Californians for Renewable Energy, Inc. and Jim MacDonald jmacdonald@pittsburg.k12.ca.us -trustee Pittsburg Unified School District have agreed to be witnesses in my behalf to my disability and the special accommodation that are required in my behalf in order to participate in these proceedings.





Originally December 18, 1999
____________________________
Now add this dated Dec. 21, 1999
COMMUNITY HEALTH FIRST
JOE HAWKINS
PARTY IN INTERVENTION