by Stan Meckler, President, Nevada County Tea Party Patriots
It appears that there is a lot going on in our Nevada County government that is not transparent. I'm talking about the lawsuit between Nevada County and AtPac, the former supplier of software to our County Clerk/Recorder's office.
Depositions recently made public show that the Clerk/Recorder's office shared AtPac's confidential software codes with their new software supplier, Aptitude Solutions, in violation of federal law. That's why this case is in the federal courts. To date, this lawsuit has cost you and me over $350,000 in legal fees, and the cost increases every week. Documents show that the county could have avoided this problem before the lawsuit was filed.
Other depositions, taken under oath, have shown that documents were intentionally given to Aptitude Solutions under the direction of the County Clerk/Recorders office. These documents also show that management ordered documents to be destroyed so that they would not be available for the courts to view in this lawsuit. The county has already been fined $20,000 of our money for not providing some documents as ordered by the court.
The Board of Supervisors were warned in advance at a public meeting that this was going to happen and chose to ignore the pending problem. Why? I have no idea. I spoke to one of the Board of Supervisors early on and was told that this was a nuisance lawsuit and would just go away. Well, it hasn't! Now the costs are skyrocketing and you and I will have to pay the bill. How high will it go? Nobody can answer that. If the county loses this lawsuit, it is my understanding that we will also have to pay the attorney’s fees for AtPac. The costs to us, the taxpayers, could be more than one million dollars or more.
I appeared before the Board of Supervisors to express the NCTPP's concern over the costs involved in this lawsuit. They said they couldn't answer any questions because all their discussions were held in a closed session. That means that their discussions are secret as provided by law. How's that for transparency?
This is a perfect issue for the Tea Party Patriots. We expect fiscal responsibility from our elected officials. We expect transparency from our elected officials. How many other lawsuits are going on that we don't know about? What other monies are they wasting? At a time when county employees are being laid off and services being cut, how much of that would have been saved had this lawsuit been avoided? Why are these discussions held behind closed doors? What are the Supervisors hiding and why?
Below is a recent comment written by Chuck Whitten of KNCO radio and heard on that station. The Union newspaper has also taken on this issue.
Chuck Whitten April 18 07:35am
Last Tuesday A Federal District Judge issued a ruling in ongoing proceedings in a lawsuit filed against Nevada County and its current software provider by its former software provider, ATPac Incorporated. U-S District Judge William Shubb, says the county was obligated to preserve information contained on a computer that was relevant to the action filed against the county. The judge says that County employees destroyed that information. The plaintiff’s attorney for ATPac, Michael Thomas, says the judge will be instructing the jury concerning that ruling.
“The court is going to instruct the jury as a consequence of this destruction of evidence. It is to presume that the files on my client’s server were copied to the files on the server that the defendants destroyed in bad faith.”
Thomas says employees of the county gave its new software provider, Aptitude Solutions, access to ATPac's proprietary software by transferring information from one computer server to another. However the attorney representing the county, Robert Muller, says that's not accurate “What Nevada County and Aptitude will be able to do at the time of trial, is present evidence that that actually did not take place. So the ultimate result of the ruling, at this point in the case, is that the issue has not been established as a fact and the county and Aptitude will put their evidence in at trial to show that, in fact, there was no wrongdoing) Muller says ATPac had previously instructed the county to purge their proprietary information from the server and Aptitude Solutions only had access to data the county must retain. The case is expected to go to trial in December.
The Union newspaper article dated April 19, 2011
A ruling issued recently by a federal judge finds Nevada County employees destroyed evidence on a server crucial to ongoing litigation against Nevada County, Clerk/Recorder Gregory Diaz and a Florida based software firm, Aptitude Solutions. U.S. District Judge William Shubb noted in a court order that county employees “scrubbed – deleted – information off a server allegedly used to transfer data from ATPac to Aptitude.” “Defendants scrubbed a server that they had a duty to preserve and produce to the plaintiff,” Shubb said. “The server was related to the merits of the action, and plaintiff has almost certainly been prejudiced by its destruction.” “The spoliation (destruction), combined with other deceptive practices by the defendant, indicates that without some sort of sanction, a fair and just resolution of the action will be impossible”. Shubb is expected to instruct jurors when the case goes to court in December that it may infer that any files on the ATPac servers were transferred to the Aptitude server, which was subsequently scrubbed according to court documents released last week.
We need to write to each member of the Board of Supervisors and to The Union's “letters to the editor” and demand to know what is going on.
Let's all get involved in finding out the truth.
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