Moaning in Elkins, West Virginia

For the last eight years I've used a little bulletin board called West Virginia Home www.wvhome.com/cafe to post my thoughts on just about everything. It's hometown feel and sense of community made us feel less isolated than we are up here in the middle of nowhere.

I wasn't a favorite of the power structure and was always pointing out the corruption and double deals. I've told all my fans and enemies that this is where I'll be posting from today on. So, excuse the patchwork of ideas and places...but know they all relate somehow to raobrothers.

Besides, I'm going to be giving a play by play of the local elections and players and this is a safer place to be.

RAO versus THE CITY OF ELKINS

This post is about a lawsuit that never happened. I attempted to become the mayor of the City of Elkins, a small town in the mountains of West Virginia. My filing was refused. They said I was too late. That's when things got interesting.

Here's my formal announcement for the office of Secretary of State delivered during the public comment period at an Elkins City Council meeting.

Posted: Fri Aug 24, 2007 8:03 am Post subject: Re: Announcement for Secretary of State Bid RAO wrote: RAO wrote: "Hello Council, Ms. Mayor, Chief Batdorf...My name is Dave Rao and I live in South Elkins. [turns to Anthony of the Intermountain], Did you bring your camera? Too bad. I'm here tonight to make my formal announcement of my intention to become our next Secretary of State. I'll be in the Mountain Party slot. That's it. I wouldn't have been able or interested in the office had not the City of Elkins botched three elections in a row. I thank you for making me spend countless hours exposing your crafty methods. I am well prepared to be the chief election officer of the state. Ms. Burford..it's so nice to see you sitting there. You don't look at all like someone who would subvert our precious Constitution. You seem so nice. But, Hazel, you can't fool anyone with your looks. Your actions tell otherwise. I have here in my hand the transcript of the 2003 Elkins City Election Contest. Those proceedings, held right here, detail all that was said that night that Council rejected Virgil Broughton's objection of Judy Guye's claim to the Mayor's chair. If you remember, Hazel, you, my wife and I attempted to file for offices but were refused. The City said we were late. You filed an action in Circuit Court to have your name added to the ballot. We believed a two week filing period was two weeks, not eight days. Three articles in the Intermountain reported the period ended on Monday, the day of our attempts. Just days before the Judge was to rule on the definition of two weeks, the City illegally opened up a second filing period [WV Code 8-5-11] that called for a short five day filing period where anyone could file for any office. You agreed to the settlement. Hazel, as a council person, you are not permitted to ask or answer questions during OUR public comment period. Your facial expressions will do. During the night of the settlement, did you have knowledge that a new period was open and that any one could join your head to head contest with Harold Elbon? [shakes head no]. Of course, we all know now a third person joined the race and took 44 votes. You lost by just eight. Why you would agree to such a settlement is beyond me. Diluting the race was your downfall. Oh, I'm sorry Hazel, I forgot that you said you settled without that piece of information. Anyway. Do you recognize this piece of paper? It's the City of Elkins certificate of announcement that all candidates must file with their cash. [Nods yes]. Hazel, do you notice the back is blank? [Nods yes]. You're wondering where I'm going with this. Hazel, the City Election Code, old and new says that candidates must file a certificate of announcement "on a form prescribed by the Secretary of State". The WV code says the same. [Pulls another piece of paper toward Hazel] Hazel, have you ever seen this? [Nods no]. I didn't think so. Hazel, this is the form that is required. It's easily obtained from the Secretary of State or the County Clerk. This form [turns it over so Hazel can see the back] has all the useful information any candidate might need. The filing dates, the withdrawal dates, the lottery drawing date, and the cash required are all there. Had you, my wife and I had a REAL certificate, we all would have marched ourselves into City Hall on Friday instead of Monday. [Hazel nods vigorously yes]. These certificates of announcement are more important than ballots in an election. They filter out the unqualified. Let's take an example. [Reading from the City of Elkins certificate]..and besides swearing that a candidate is a registered voter in the City of Elkins and legally resides at said ward, the candidate must sign and date it under the phrase...'and I swear and affirm that I believe I am qualified'. Sounds good. But, Hazel, let me read to you from the REAL certificate. "...and I swear and affirm I am a qualified. Hazel, now that you are chairwoman of Rules and Ordinance, would you please do me one simple favor? [Nods yes]. Please find out who took the Legislatures statutory wording and changed them. By the simple addition of those three small words...and, I believe...the entire spirit and meaning of the oath is changed. Also, Hazel, please make sure you have plenty of the REAL certificates on hand before the next election. [Nods disgustingly yes]. Thank you Ms. Burford, for not interrupting me. I got sidetracked there. Hazel, [holding the election contest transcript over my head] in this small 50 page booklet of the contest, you were painted as quite an obstructionist. A Constitutional hijacker. A no count of the lowest order. Have you read this? [Nods no]. You were there, I saw you and your lawyer sitting there [turns and points to the back bench on the right]. You didn't hear Judy's attorney blast you? He accused and blamed you for the entire episode. You forced council to do what they did. You sued the City. Here's what John Busch said. "I say it again [he says it twice] there are technical--technical objections about what happened here that I find without merit, and I find the action of council on December 30th, 2002 as absolutely appropriate". Why didn't he say legal or lawful? He didn't because it wasn't. Their actions were criminal. He goes on, Hazel...and he's talking about you here...this is good. "You were faced with an effort to set aside the election". Hazel, how dare you! [Nods no, no, no]. "...to set aside candidacy. That lawsuit gave you the right to make a change. That change could not be made within 100 days prior to the election because of the nature of the time limit." Is that rich, Haz? He's accusing you of stonewalling an election. I'm surprised they didn't throw you in jail. [Nods yes, while laughing her ass off] ***Still loading....will be continued**** *********PART TWO*********** After I filed a criminal complaint, a Secretary of State complaint, and a request for a Grand Jury appearance, I came to council and told them I would not be satisfied until a few were dressed in prison orange. I wrote letters appealing to reason and the written law. No less than six visits to the back room for executive sessions to negotiate my ever growing list of demands. Months would pass and I would discover something new in John Busch's briefcase of case law. Finally, I would like the citizens and press to know that this is the fourth council hearing this tired, old story. I won't read the letters I wrote to your predecessors or our sitting Mayor. I won't disclose some of the rude things that occurred in the seven or ten executive sessions. But I will disclose what all my bluster is about. The 2003 election was seriously rigged and meticulously fixed. Laws were broken. City, State, and Federal ones. The idea of techincal defects is absurd. There were no defects that made certain sections of the city code in conflict. John Busch saved the biggest deception for last. It was by far the loudest. He confidently broadcast that no state laws were broken and "yes, mistakes were made..but the will of the people..blah..blah." He waved the flag so council could violate their oaths of office. No state laws broken, my kiester. I won't bore you with the citations. It's all in those complaints. Which makes me ask one more time. Just whatever happened to my duly presented criminal complaint. I know it's been back and forth from Charleston a dozen times in these four plus years. I'd just like to know what deep file cabinet it's now living in. And lastly...I mean it this time..I'm almost done...I need to explain.." ******Part Three****** "And lastly....I mean it this time...I'm almost done....I need to explain the difference between statutory law and case law. When a law or ordinance is enacted by a legislative body [hence the term "Lawmakers"], it IS the law. Case law is a collection of opinions by judges and haven't been OVERTURNED by the highest court. The difference is huge. But as I've said too many times, I'm no lawyer....but I can read. Hopefully, so can you. [Holds up more papers] In addition to my missing in action complaint against this body, I have a dirty laundry list of actions coming soon. Here's another complaint for Betty Ireland to cope with. I doubt she'll ignore it. Another state criminal complaint. A federal complaint [civil rights violations under the color of law]. These here are requests for an opinion from Attorney General McGraw. A few writs of mandamus [the only way you can force an elected official to do their job]..and finally the most important ones [Waves four sheets of paper]. These are Petitions for Removal of Elected Officers. Breaking oaths is serious. Serious enough to lose your seat. Four of you are here because of your involvement in one or more of the last elections. I contend you should not remain as a member of this body for reasons minutely spelled out in each of you individual Petitions. I will ask the appointed three judge panel to consolidate them. They are as related as backwoods cousins. [Points to Councilman Metheny]. Carmen, I have one for you..you never even got a vote, and was on the ballot twice before they caught it. The law says you weren't allowed to be on the ballot for any office. And one for you [points to Councilman Talbott] Duke, those three added words on you filing certificate...."and I believe"..didn't make you qualified to sign up. You weren't living in the city and weren't a registered voter of the city of Elkins. [Points to the City Attorney] One for you..[looks down at petition] man, this is a long one. [Points to Mayor Guye] And Ms. Mayor, one for you. You were unqualified from the start and had ample time to step down. [Drops file]. All of this was your choice, not mine. This is just the tip. I'm sure, I'll see you later. Thank you for your time and the genuine looks of boredom." _________________ "MY HOMETOWN FIXED ELECTIONS...SO YOUR'S CAN'T" ELECT A REAL NOBODY SECRETARY OF STATE. NOBODY CARES ABOUT RIGGED ELECTIONS DAVE RAO rao4sos@gmail.com Of course, I was stonewalled and received not a drop of ink in the press. I'll write more about this later.

CROSBY STILLS NASH AND ME

I was going to write a book about us, but our mutual friend and manager, Gerry Tolman warned me not to "tell tales out of school". Good advice. Tabloid sensations are a dime a dozen. I told Gerry I wasn't going to dish dirt, though there was plenty, but make it a scholarly piece.

I first saw them perform in San Diego just after Woodstock. They had Neil along. The louder the overhead landing jets screamed, the more they twisted their volume knobs to 11. I couldn't hear for days. Being a novice guitar builder, I was more interested in their axes than the fringe jackets and hair.

Ten years later I had a chance to meet Stills at his home high on Mulholland Drive. I was hired on to appraise his collection of a 125 guitars. An enjoyable three week project stretched into a few months. He had so much repair work needed, I could have stayed a year. I was already booked to go on the road with the Beach Boys and tend to Carl Wilson's guitars and set the stage.

While in Boston, I called Stills' house looking for his manager, but got Stephen instead. He asked what I was doing. I told him. "With those guys?...you've got to be kidding. Get your ass back here. You're going to work for me". I hemmed and hawed, and told him I'd see him the next day. That day was the start of a four year stint that taught me the true nature of sleep deprivation.

Stills was the ultimate workaholic. He never stopped. If he wasn't writing, performing, or traveling...he would be working on his golf game. At the time, he was doing his solo gig, using the California Blues Band to polish the tunes set for a new album. Columbia Records sent down the edict that, for the first time in his career, he would have to have an outside producer. It was settled that Barry Beckett, of Muscle Shoals Sound, would be the one.

Barry worked with the cream of the rock world and arrived in LA with a leash. He made it clear the project wouldn't be the usual marathon, but recording would only last three weeks. One week to mix in Alabama. An album in a month? We all laughed, but were pleasantly surprised as Stills became the definition of responsible. Never late, always prepared and following orders. The album was finished just as Beckett predicted.

MOUNTAINS DON'T GROW ON TREES

Hello. I'm one of the many Rao Brothers scattered from our hometown of Pittsburgh. I'm writing this from the mountains of West Virginia.

West Virginia used to have a slogan on our Welcome signs proclaiming..."Welcome to Wild, Wonderful West Virginia". Our present Governor Joe Manchin has changed it to "West Virginia, Open for Business". He should have posed with coal dust on his face.

Coal has dominated here for a hundred years and isn't leaving. It wasn't until recently that Big Coal went over the line. Mountaintop removal mining is spreading like a plague. Over 1,000 miles of streams have been buried by the giant "valley fills". A fill occurs after the top 600 feet of the mountain is blasted to bits and the tiny seam of coal is dragged and shipped. All the rest is bulldozed down into the valley.

Don't take my word. Google image, Youtube video, or ask anybody in our southern coalfields if mountaintop removal doesn't really suck.

I formally announced my candidacy for Secretary of State at an Elkins City Council meeting weeks ago. Both the print and radio media were there, but chose not to cover a hometown boy going for a statewide office. Being a member of the Mountain Party must not make me legitimate.

My long and sometimes technically boring announcement is posted elsewhere, but I'll try to upload it here. In the meantime, it can be read at www.wvhome.com/cafe

Once at wvhome, click "In the News"...scroll down to "RAO ISN'T WORTH THE INK"...then go to page 3..if you don't want to wade through the preliminaries.