Chevron Guilty of Blackmail?

In the early March edition of the Fullerton Observer, Fullerton resident David Owen claims Chevron has and is blackmailing the City of La Habra.

Mr. Owen takes issue with an AGREEMENT that was voted on at a PUBLIC meeting wherein the public could tell the La Habra City Council members just how they felt about the AGREEMENT.

Specifically the AGREEMENT stipulates the terms of sale of water rights from Chevron to the City of La Habra. One of the terms specifies that the city of La Habra cannot oppose any part or portion of the West Coyote Hills development in Fullerton. Another term specifies that the City of La Habra must provide water to the new subdivision in the event that the new subdivision creates a burden on the City of Fullerton’s water system. I’m paraphrasing but you get the picture.

The terms and conditions of the AGREEMENT are pretty typical considering the magnitude of the transaction. (I keep capitalizing AGREEMENT to emphasize the mutual accord of the parties)

Concerned that the statute had recently changed, I looked up the most current version of California Penal Code 518, the law which Mr. Owen thinks was violated, which defines extortion, the legal term for blackmail.

The law reads, “518. Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.”

There are a number of ways to apply extortion and I can’t find any that fit the alleged crime. In consideration of the lack of evidence that a crime was committed and the fact that the allegations were published, perhaps Chevron will consider some sort of legal action against Mr. Owen for defamation. But for Chevron to do so, the courts might first have to recognize the Fullerton Observer as general circulation news paper, which, according to the Orange County Register and court records, it isn’t.

So, as an emotional outlet, much like this blog, I suppose Owen and the Observer are safe from the wrath and vengeance of giant evil oil companies should they choose to crush us.

The anonymous authors of the other Chevron hit-pieces which were also printed in the Observer do bring up one very real and valid point. Fullerton’s contract legal firm is Jones & Mayer, the same firm contracted by the City of La Habra. They are the same firm who has advised both cities on dealings with Chevron. Richard Jones (NOT TO BE CONFUSED WITH FULLERTON MAYOR RICHARD “DICK” JONES) of Jones & Mayer is also a board member of Cal Domestic, the water company whose shares Chevron has sold to La Habra. That puts Jones & Mayer in a unique position to play match-maker and earn a little extra spending money. Although no wrong-doing by the firm has been uncovered, Jones & Mayer must disclose conflicts of interest in cases like this.