Calaveras County Collusion, Conflicts of Interest & Cronyism

February 14, 2023 - Christopher Buttner’s General Public Comments to the Calaveras County Board of Supervisors on the Subject of Willful Suppression of Tourism Development and Innovative Entrepreneurialism.

"My name is Christopher Buttner.

I will be reading from a prepared statement for precision.

I am a full-time resident of Murphys, an entrepreneurial business owner, and the co-owner of the annual Murphys Witch Walk.

The starkly contrasting views on tourism growth and entrepreneurship expressed by two supervisors at the January 24th Board of Supervisors meeting were headlined by Supervisor Garamendi’s unsuccessful effort to advance this county’s urgent requirement to explore additional opportunities for tourism revenue generation and to proactively promote entrepreneurialism.

The anti-entrepreneurial climate that Supervisor Garamendi encountered publicly is directly relevant to what I’ve consistently experienced for the last several years at great professional, reputational and financial expense.

I call on this Board to immediately investigate whether the annual twenty five percent share of Transient Occupancy Tax contributed to the Calaveras Visitors Bureau has surpassed the point of diminishing returns, now requiring the CVB’s Executive Director to publicly present a written continued funding justification plan to this Board.

The fact pattern reveals that during the last four years, one and a quarter million dollars in public funding has been contributed to the grossly underperforming CVB.

The stagnation of Calaveras tourism demands an immediate accounting of the twenty five percent value of this county’s scarce TOT funds that cover roughly eighty percent of the CVB’s annual operating expenditures.

These public funds would be best reallocated to the nine fire districts, law enforcement and desperately needed Murphys Main Street infrastructure improvements.

Neighboring Tuolumne County, by comparison, has experienced an increase in tourism and TOT during the same time frame enabling the purchase of three Type 1 fire trucks.

In Calaveras, each of the nine fire districts receives a scant two point seven eight percent share of annual TOT disbursements, compared to the twenty five percent share of disbursements received by the CVB.

Maintaining the twenty five percent TOT status quo allocated to the CVB is unjustifiable based upon the agency’s legacy of underperformance.

Public funding from the Transient Occupancy Tax must be significantly reduced, capped or eliminated, requiring the Calaveras Visitors Bureau to take on significantly more of its annual operating budget through self-funding."

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March 14, 2023 - Calaveras County Board of Supervisors. Christopher Buttner’s public comment response to Calaveras County Chamber of Commerce.

Agenda Item #11, “Receive a Presentation by the Calaveras Chamber of Commerce.''

Note: The unpublished intention of Agenda Item #11 was revealed as, “Receive a Presentation for a $50,000 TOT Funding Share Request from the Calaveras Chamber of Commerce.” 

"My name is Christopher Buttner. I am a full-time Murphys resident, an entrepreneurial business owner, co-owner of Murphys Witch Walk, LLC and I’ll be reading from a prepared statement.

I addressed this Board during “General Public Comment” on February 14th about my experiences with intentional suppression of my entrepreneurial business ventures.

Today’s Agenda Item Number 11, “Receive a Presentation by the Calaveras Chamber of Commerce,'' appears to be a pretext for a $50,000 gift from this county’s TOT funds.

I voice my staunchest opposition to the outlandish proposal by the Calaveras Chamber and endorsed by the Calaveras Visitors Bureau.

On March 8th, the Chamber, complicit with the CVB and Murphys Business Association, jointly received a formal cease and desist letter from me, copied to my legal counsel, addressing their collective misappropriation of the trademark-protected Murphys Witch Walk promotional compound slogan in a late scramble to promote this weekend’s Murphys Irish Day.

The trio’s infringement of my intellectual property demonstrates a collective void of marketing sophistication and legal savvy. Thus far only the Chamber and the CVB have wisely acceded to my legal demand to immediately cease and desist, deleting their trademark-infringing material from their respective online marketing assets to remediate their trespass upon my federally-protected legacy trademark.

The Chamber’s “Leadership Calaveras” program purports to encourage development of responsible business community leadership, so I ask: 

• What example does trademark infringement teach the business community about leadership? 
• What is the Chamber’s justification for holding out a tin cup for taxpayer funded welfare?
• What accountability would the Chamber have for receiving this government largesse?

Let the Chamber propose a business plan demonstrating how they’ll deliver an acceptable ROI on a low interest, $50,000 SBA loan.

The former interim Chamber CEO, who is now the current taxpayer-salaried CVB Executive Director and the junior supervisor, must recuse himself from voting.

• The Chamber’s request for a $50,000 gift must be unanimously denied.
• Supervisors, let this serve as a pragmatic demonstration of entrepreneurial Calaveras Leadership.
• Junior supervisor… you and your business bureau cohorts must rise to my level. I will not go down to yours…
• Supervisor Garamendi… I share your pain. This is how to sink a fence post.

To be continued…"

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March 28, 2023 - Christopher Buttner’s public comment response to the Calaveras County Board of Supervisors in Opposition to the Resolution Approving the Reappointment of Sarah Edwards as County Counsel.

Agenda Item #30. Adopt a Resolution approving the reappointment of Sarah Edwards to the position of County Counsel for a period of four (4) years effective May 11, 2024 along with an increase in base salary effective April 8, 2023. 

"My name is Christopher Buttner. I’m a Murphy's resident, owner of Murphys Witch Walk, and I’ll be reading from a prepared statement.

I staunchly oppose agenda item 30; County Counsel Edwards’ Reappointment Resolution.

I’ve previously addressed the intentional and concerted trespasses made upon my personal and professional reputation and businesses leading to suppression of tourism and entrepreneurialism. 

I allege these persistent offenses and orchestrated collusion were initiated by a Murphys legacy business owner with whom I had a legal business dispute that was of no concern to anyone other than the defendant and I. 

All County District Supervisors and executive-level staffers received, and continue to ignore, two years of documents relevant to this matter that reveal details of Tortious Interference, Restraint of Trade, Trade Libel, False Light and Trademark Violations beginning in June 2021; continuing to this day. 

I further allege the aforementioned individual initiated a premeditated and sustained harassment campaign against me to have me evicted from my home, discredit me in the business community, and attempt to intimidate me into dropping my federal legal filing.

This individual’s tactics included enlisting the witting or unwitting participation of my landlord, neighbors, local business bureaus, and targeting my 90-year-old mother, seated here, as a means of coercive leverage. 

Over two years I’ve filed eleven harassment reports with the Sheriff’s Department, culminating in a June 2022 restraining order hearing, pursued by necessity when, concerned for my mother’s physical safety and my own, these acts of harassment escalated to a veiled threat of violence.

County government leadership was again alerted to this matter with my plea for help on March 24, 2022, in mailed and emailed correspondence to County Counsel Edwards and then Supervisor and Board Chair Foldendorf. 

All District Supervisors have since received detailed supporting documents more than once in the last year, yet there remains zero responsiveness to my escalated issues. 

This deafening silence appears to reveal a coverup of conflicts of economic interests, institutionalized cronyism and exclusionary collusion between ethically challenged business bureau management and board members. 

Alarmingly, several of these individuals are presently, or were, taxpayer-salaried elected government officials. 

Madame CEO, over the past month I've included you in written correspondence so you’d not be blindsided by this matter in your first week.

No one in this government should be reappointed, with a pay raise, until these alleged breaches of oath, and abuses of power, are thoroughly probed in a sweeping ethics and oversight investigation that starts with following the money to expose undisclosed conflicts of economic interests.

To be continued…"

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April 25, 2023 - Christopher Buttner’s public comment response to the 2023 Calaveras Visitors Bureau Presentation.

Agenda Item: #24. Receive the 2023 Calaveras Visitors Bureau Presentation. 

"My name is Christopher Buttner. I own the Murphys Witch Walk. 

I am a marketing consultant specializing in the entertainment industry with over 30 years experience in my role. 

You're well aware of the fact that since February 14 2023, I addressed before the Calaveras County Board of Supervisors, as well as in letters to the editors and correspondence to you, the issue of county sanctioned and institutionalized conflicts of economic interests, institutionalized cronyism, and exclusionary collusion through the willful and malicious suppression of entrepreneurialism and innovation in favor of select support of legacy personalities, businesses and industries to the advocacy of individuals entrenched in a range of both governmental and business bureau leadership positions. 

On April 6 2023, this issue broke out into the open with a cover story in the Calaveras Enterprise; Angels Camp business denied permit to host events. 

This Calaveras Enterprise article may be behind a paywall: https://www.calaverasenterprise.com/articles/news/angels-camp-business-denied-permit-to-host-events

This has put the wedding industry on the ropes, it is causing much confusion in an industry that generates $24 million for this county. 

I received a text message from a venue owner who was being harassed by his neighbor. 

I addressed harassment when I was before this board, Supervisor Tofanelli, on March 28 (2023). 

He writes to me, ‘What happens when all these corrupt people realize the walls are closing in. I feel like they will retaliate, even violently.’ 

I have been the victim of that kind of harassment. 

I have filed 11 harassment reports and I had to take a business owner to court to get a restraining order against this individual. 

This text message expressing such deep and fearful concern sadly, but understandably, exemplifies the unsafe and detrimental business and community climate that the Calaveras County Government, in complicit association with numerous Business Bureau leadership positions, continues to engender. 

I have emailed you all an 18 page analysis report last night, I hope you'll look at it. 

Over four years, Calaveras County and the City of Angels camp has contributed $1,836,000 to the CVB for a decline in tourism 5% to 38%, specific to District 3. 

The Film Commission website has been offline since February 2020. 

There is no marketing to the film industry. 

Numbers don’t lie, people. To Ben's point, to (Gary’s) point, to (Jack’s) point… the riches are in the niches. 

Gotta do a better job of marketing. I'm here to help if you want it. You know my phone number.”

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August 22, 2023 - Christopher Buttner’s Comments to the Calaveras County Board of Supervisors Requesting the Removal and Continuance of Agenda Item #3 “Calaveras County Visitors Bureau Promotion Agreement. 

"My name is Christopher Buttner.

I am formally requesting the removal and continuance of Agenda Item #3, “Calaveras County Visitors Bureau Promotion Agreement,” from today’s August 22nd, 2023, Board of Supervisors meeting.

I’ll be reading a series of questions as my prepared statement.

• Why did the Calaveras Visitors Bureau switch its legal status from a nonprofit public benefit corporation to a nonprofit mutual benefit corporation in 2021?
• Who instigated this change of legal status from a nonprofit public benefit corporation to a nonprofit mutual benefit corporation at the Calaveras Visitors Bureau, and who in the county government was notified?
• On what date, and by whom, was the Calaveras County government first notified of the Calaveras Visitors Bureau’s switch from a nonprofit public benefit corporation to a nonprofit mutual benefit corporation in 2021?
• Who in the county government approved the continuation of transient occupancy tax funding for the Calaveras Visitors Bureau following the bureau’s change of legal status from a nonprofit public benefit corporation to a nonprofit mutual benefit corporation?
• Why did the county provide nearly two million dollars in funding to the Calaveras Visitors Bureau for several years without a formal agreement and yearly financial accountability?
• Does the Calaveras County CEO and County Counsel know that transient occupancy taxes are being allocated to a business bureau that is no longer a nonprofit public benefit corporation?
• Does the Calaveras County CEO and County Counsel know that these transient occupancy tax dollars contributed to the Calaveras Visitors Bureau now legally belong to the members of a nonprofit mutual benefit corporation?
• Where is the publicly available roster of the members of this nonprofit mutual benefit corporation published and who is the president of the Calaveras Visitors Bureau Board of Directors?
• Why is the Calaveras Visitors Bureau “Tourism Promotion Agreement” being established between Calaveras County and a non-existent “California nonprofit public benefit corporation,” as explicitly stated in the “Tourism Promotion Agreement” dated July 1, 2023?
• Does Calaveras County’s administration recognize and understand the fundamental and significant legal distinctions between a nonprofit public benefit corporation and a nonprofit mutual benefit corporation?

This is just the first of dozens of questions that you’ll soon be answering publicly, explaining to the citizens of Calaveras County how such legal and fiscal mismanagement occurs on your watch.

I demand that the Board of Supervisors withhold any further action and voting on this matter today, and instead schedule a public hearing regarding this four-year contract with the Calaveras Visitors Bureau to examine multiple substantiated citizen concerns."

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September 12, 2023 - Christopher Buttner’s General Public Comments to the Calaveras County Board of Supervisors regarding the 2023 State of the County Address.

"My name is Christopher Buttner.

Board Chair Tofanelli is a scheduled speaker at the Chamber of Commerce State of the County event on September 22nd.

What Mr. Tofanelli will notably fail to reveal is a well-corroborated fact pattern; the State of the County is one of institutionalized endemic corruption borne of duplicity, backroom dealing and influence peddling by, and between, the Board of Supervisors and multiple business bureaus.

The leadership of the Calaveras Chamber of Commerce and the Calaveras Visitors Bureau, in league with willfully negligent and deceptive County Supervisors, allegedly engaged in multiple misrepresentations jeopardizing the County’s financial integrity.

The Board of Supervisors blatant corruption prompted the filing of three Grand Jury complaints in June.

Fifty thousand dollars in TOT revenue was egregiously awarded to the Chamber recently as the result of backroom dealing and influence peddling conducted by, and between, the leadership of the Chamber and several members of the Board of Supervisors.

This allegation is explicitly corroborated by a series of email and text exchanges between County employees and Chamber leadership, obtained by public records act responses.

In another recent instance of alleged corruption, the Visitors Bureau misrepresented its nonprofit corporation type as public benefit in the four-year, million dollar-plus Tourism Promotion Agreement with the County, finalized three weeks ago. 

This, despite the CVB having surrendered its public benefit status with the DOJ and Secretary of State in 2021, upon conversion to a mutual benefit nonprofit corporation.

Credible allegations have emerged of negligent or fraudulent misrepresentation by the leadership of the CVB, of which District 3 Supervisor Huberty is the Executive Director.

Furthermore, the CVB has allegedly been operating illegally without valid bylaws for more than two years, and allegedly induced, partially or fully, the Board of Supervisors and administration into signing the four-year funding agreement for tourism promotion under false pretense.

Public records act responses from County Counsel suggest the administration was not notified by the CVB of this change from a public benefit nonprofit corporation to a mutual benefit nonprofit corporation.

The mission of a mutual benefit nonprofit corporation is to serve its members, not the public, yet public tax funds are being diverted to the CVB despite the administration and taxpayers not having been informed of the CVB’s conversion in 2021.

The matter is under review by the Charitable Trusts Section of the Attorney General’s Office, the Legal Review Unit of the Secretary of State, and is being referred to the District Attorney’s office for investigation.

The State of Calaveras County is Corrupt.

Learn more at Calaveras2024Election.com."

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September 26, 2023 - Christopher Buttner’s General Public Comments to the Calaveras County Board of Supervisors on Code of Ethics and Conflicts of Interest.  

"My name is Christopher Buttner, my website is Calaveras2024Election.com. 

I am going to read for entertainment purposes a couple of (CALAVERAS COUNTY MUNICIPAL) CODES:

Code 2.64.560 Prohibited activities—Conflict of interest.

No employee of the county shall engage in any employment, activity or enterprise for compensation which is in any way incompatible with his or her duties as a county officer or employee or with the duties, functions or responsibilities of the appointing authority or the county.

Code 2.64.565 Code of ethics. 

It is the duty and responsibility of those in public service to conduct their affairs in an ethical manner. As such, those employed by the county shall: 

A. Never provide special favors or privileges or accept favors or benefits under circumstances which may be construed by reasonable persons as influencing the performance of one's public duties; 

B. Engage in no business activity which is inconsistent with the conscientious performance of one's public duties; 

C. Never use any confidential information received in the performance of one's public duties for private profit or personal gain; 

D. Never engage in outside activities that are incompatible with the objective performance of their duties or delivery of public service; 

E. Treat all individuals encountered in the performance of one's duties in a respectful, courteous and professional manner; 

F. Promote only decisions that benefit the public interest; 

G. Conduct and perform job duties diligently and promptly; 

H. Faithfully comply with all laws and regulations applicable to the county and impartially apply them to everyone; 

I. Promote the public interest through a responsive application of public duties; 

J. Demonstrate the highest standards of personal integrity, truthfulness and honesty in all public activities; 

K. Uphold these principles being ever conscious that public office is a public trust. 

Code 2.64.570 Prohibited activities—Designated. I don’t have the time to finish this, but it’s all posted as the top blog post at my website, Calaveras2024Election.com

No employee of the county shall: 

A. Represent or counsel for compensation any individual, group, or private or public organization in legal or administrative actions against the county; 

B. Use, for private gain or advantage, county time, facilities, equipment, supplies or his or her badge, uniform, prestige or influence as a county officer or employee; 

C. Receive or accept compensation or other consideration from any individual, group, private or public organization, other than the county, for the performance of an act rendered during work hours as part of an officer's or employee's prescribed duties; 

D. Be involved in employment, outside of his or her duties with the county, which would render performance of his or her duties in the county less efficient. 

E. Employees are permitted to have a financial interest in business entities or income, and to engage in outside employment, contracting, or other profit-making activities, so long as such interests and activities are conducted in accordance with all applicable laws and regulations; the employee does not use his or her position or influence in an attempt to gain unfair advantage, special favors or privileges, or directly inspect or permit or evaluate the activity; and the employee is not directly or indirectly associated with the processing, permitting or inspection of the activity"

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September 26, 2023 - Christopher Buttner’s Opposition Comments to the Calaveras County Board of Supervisors on Agenda Item 9. 

Agenda Item 9: Approve a Resolution adopting the Fiscal Year (FY) 2023-24 County Budget for the distribution of Transient Occupancy Taxes to the Calaveras Visitors Bureau. 

"My name is Christopher Buttner. My website is Calaveras2024Election.com. 

Agenda Item #9 must be removed from today’s Consent Agenda due to credible allegations of fraudulent misrepresentation and deceptive business practices by the Calaveras Visitors Bureau.

On August 22, 2023, I appeared before this Board with legal questions concerning the Tourism Promotion Agreement being executed between the County administration and the CVB.

My questions were ignored and this Board voted to approve the deceptively worded Tourism Promotion Agreement.

Board Chair Gary Tofanelli signed the Agreement soon afterward, derelict of his duty of office.

Agenda Item #9 indicates that this Board plans to vote today to “Approve a Resolution adopting the Fiscal Year 2023-24 County Budget for the distribution of Transient Occupancy Taxes to the Calaveras Visitors Bureau.”

Again, I will ask you legal questions derived from credible allegations of fraudulent misrepresentation and deceptive business practices by the Calaveras Visitors Bureau.

1. Does the County’s administration understand the fundamental and significant legal distinctions between a public benefit nonprofit corporation and a mutual benefit nonprofit corporation?
2. Why did the CVB convert from a public benefit nonprofit corporation to a mutual benefit nonprofit corporation in 2021, and who instigated this conversion?
3. On what date was the County administration formally notified of the CVB’s conversion from a public benefit nonprofit corporation to a mutual benefit nonprofit corporation?
4. Does the County CEO Hitchcock and County Counsel Edwards understand the legal implications of transient occupancy tax revenue being disbursed to a falsely represented nonprofit corporation, or that these public funds will now legally belong to the “members” of a mutual benefit nonprofit corporation?
5. Who are the “members” of this mutual benefit nonprofit corporation being funded with our public tax dollars?
6. What is the date of the current bylaws of this mutual benefit nonprofit corporation?
7. What were the circumstances enabling the misrepresented Tourism Promotion Agreement with the CVB to be errantly signed by County Counsel Edwards, Board Chair Tofanelli, and the CVB’s Board of Directors President, Morgan Gace, of a non-existent public benefit nonprofit corporation?
8. Why is this legal and fiscal malfeasance occurring on your watch?

The answer to that last question is, in a word, “corruption.”

I demand this Board remove Agenda Item #9 from today’s Consent Agenda, rescind the CVB’s Tourism Promotion Agreement, and schedule a public hearing regarding credible allegations of fraudulent misrepresentation and deceptive business practices by the Calaveras Visitors Bureau.

I’m Christopher Buttner, my website is Calaveras2024Election.com. 

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September 26, 2023 - Christopher Buttner’s Comments to the Calaveras Board of Supervisors in Opposition to Agenda Item 10.

Agenda Item 10: Approve a Resolution adopting the Fiscal Year (FY) 2023-24 County Budget for the distribution of Transient Occupancy Taxes to the Calaveras Chamber of Commerce. 

"My name is Christopher Buttner, my website is Calaveras2024Election.com. 

Agenda Item #10,  concerning transient occupancy tax distribution to the Calaveras Chamber of Commerce must be removed from today’s Consent Agenda, due to a credible allegation of deceptively worded agenda item and backroom dealings between the Board of Supervisors and the Chamber.

Before this Board, on March 14, 2023, I alleged the Chamber’s funding request was a mischaracterized Board Agenda item that was a pretext for a 50 thousand dollar gift from county transient occupancy tax funds. 

Derelict of duty to protect public funds, in spite of my repeated vocal and written opposition statements between March 14, 2023 and today, the Board of Supervisors approved on June 27, 2023, a 50 thousand dollar contribution to the Chamber from TOT revenue.

Today, I am asking you legal questions derived from credible allegations of misrepresentation and backroom dealing.

1. Does this Board know that on March 4, 2023, Deputy CEO Marcos Munoz, via email, expressed concern to the president of the Chamber, Sherri Reusche, that the informational item inappropriately included a request for TOT funding?
2. Does this Board know Chamber president Sherri Reusche responded by email to Deputy CEO Munoz’s concern, informing him that she was encouraged by a few Supervisors to mention the request in her presentation? 
3. Does this Board know that on March 10, 2023, Kathy Gallino, County Director of Economic & Community Development, complained to Martin Huberty via text message that they can’t ask for money during an informational item, stating she was “really upset?”
4. Is the Board aware that I published to my website a detailed analysis of the Chamber’s IRS filings for 18 years, from 2004 to 2021, revealing an organization operating at a deficit for 10 of 18 years?
5. Why did this Board ignore my June 24, 2023, written request to disclose the Chamber’s 2022 and partial 2023 financial performance as a matter of government fiscal transparency?
6. Is the Board aware of the glaring appearance of conflict of interests and loyalties, having three currently sitting Supervisors as former leadership of the Chamber? 
7. Why is this legal and fiscal malfeasance occurring on your watch?

The answer to that last question is, in a word, “corruption.”

I demand that this Board remove Agenda Item #10 from today’s Consent Agenda, withhold the 50 thousand TOT dollars for the Chamber, and schedule a public hearing regarding credible allegations of misrepresentation and deceptive business practices by the Chamber concerning its funding request and the backroom dealing of the Board of Supervisors.

My name is Christopher Buttner, my website is Calaveras2024Election.com." 

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