Headline: Governor refuses to enforce California Constitution and Laws!

This is the body of a fax that was shipped to the governor's office twice! After contacting the governor's office what their response was to my complaint nearly 30 times, I have yet to hear back from them as to their intended action, if any. This involves public officials, judges and district attorneys that ignore the very law that they force us to obey, with impunity!

Following are citations from the California Government Code and the Constitution of the State of California:

1360. Unless otherwise provided, before any officer enters on the duties of his office, he shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.

1367. No compensation nor reimbursement for expenses incurred shall be paid to any officer by any public agency unless he has taken and subscribed to the oath or affirmation required by this chapter.

1770. An office becomes vacant on the happening of any of the following events before the expiration of the term: . . .

(i) His or her refusal or neglect to file his or her required oath or bond within the time prescribed. . . .

CALIFORNIA CONSTITUTION ARTICLE 20 MISCELLANEOUS SUBJECTS

SEC. 3. Members of the Legislature, and all public officers and employees, executive, legislative, and judicial, except such inferior officers and employees as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation:

"I, ______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Consti- tution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without

any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. "And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or organization, political or other- wise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence

or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or other- wise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence

or other unlawful means except as follows: ________________________________________________________________

(If no affiliations, write in the words "No Exceptions") and that during such time as I hold the office of ______________

________________________________ I will not advocate nor become (name of office) a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means."

And no other oath, declaration, or test, shall be required as a qualification for any public office or employment. "Public officer and employee" includes every officer and employee of the State, including the University of California, every county, city, city and county, district, and authority, including any department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing.

The following persons I am personally knowledgable have the incorrect oath of office: (As of the date of writing this.)

Municipal Court Judge Garrett Olney of Plumas County

District Attorney James Reichle of Plumas County

Deputy District Attorney David McGowan of Plumas County

Deputy District Attorney Jeff Cunan of Plumas County

Superior Court Judge David Garcia of San Francisco Superior Court

(and I am certain many others in public office in the State of California!)

I believe that it is the responsibility of the Governor under the Constitution to personally see to it that the laws of this State are enforced, and by enforcement of laws, I do not believe that the interpretation there is to be construed as enforcement only upon ordinary citizens, but as well, it is his responsibility to see that public officials too observe the law.

From the California State Constitution:

ARTICLE 5 EXECUTIVE SECTION 1. The supreme executive power of this State is vested in the Governor. The Governor shall see that the law is faithfully executed.

As I stated before, not having a driver license would not make any difference in my ability to drive, yet if I were without one, if caught, I would be penalized for the violation. The oath of office will make these officials no more or less capable, but nonetheless, it is the law, and ignorance of it is no excuse. In 1974, the legislature even went so far as to use Clear and Present Danger wording in legislation regarding communist attempts at finding positions of employment in high places in the government. As well, compliance with the oath in Article XX, Section 3 of the Constitution could well provide a tool to detect the existence and growth of subversive groups acting in the state. I also find it offensive that public officials in such important positions of public trust, who swear to uphold and defend the Constitution of the United States and the Constitution of the State of California, and who are the guardians of the Constitution(s) are so ignorant of it that they don't even know that they are signing the wrong oath of office, (in the constitution since 1952!) My question is how much more don't they know about what they have sworn to uphold and defend? Finally, in my case, I found it necessary to sue some of the officials previously listed, and because of confusion around the validity of their oath, and after much research, I decided that I could not sue these individuals as public officials, but had to sue them as individuals, at much expense to myself. This confusion of oaths, laws and constitutional ammendments now results in my having to start all over again!

If these laws may be ignored, I would request that the governor's office supply to me an updated set of law books which indicates which laws may be ignored by me. Better yet, maybe I should send you a list of the laws that I don't think I need to follow.




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