Security is the last thing on the minds of Politicians in Guaymas; and it is with great regret I must say that San Carlos is less secure than ever

Security is the last thing on the minds of Politicians in Guaymas; and it is with great regret I must say that San Carlos is less secure than ever

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Julio Alfonso Alfonso was born in Cuba in 1921 and first came to Guaymas in 1945 to play for the Guaymas Ostioneros baseball team in the now extinct Pacific Coast Baseball League. Here Alfonso stayed for the rest of his life. He married a local girl and startedscreen-shot-2016-09-20-at-9-45-18-pm a family. One of the family members became a grand dancer here in Guaymas and started a poplar dance studio. On the 15th of September the grand daughter of Julio Alfonso Alfonso, Marcela Chavez Alfonso lost her life, and that of her unborn child, abruptly with 5 gunshots to the back during an attempted robbery of the Santander Bank in Guaymas. She left behind two children, a loving husband and family. Five or six others were reported injured in the shoot out. Out of respect for the family of Marcela Alfonso the Independencia party El Grito” in Guaymas held every 15 of September to commemorate Mexico’s independence from Spain was cancelled. In a rare moment of clarity the mayor of Guaymas actually made the right call but I reckon it was for the wrong reason. Certainly he does not wish to be questioned on the lack of security in Guaymas. Not that the local press would actually question him but local activists might. And that would be a messy affair and make for lots of unfavorable you tube videos to be posted on faceboimagesok. Damn good idea to cancel El Grito for sure!

What is striking about the whole incident besides the complete horror of it all is how long it took police to get on the scene. In some of the pictures posted on line you can clearly see a bunch of bystanders standing around the injured and dead, no police in site. In the picture above you can see a man in an orange shirt. He is actually holding Marcelas daughter who was in her arms when she was shot to death. On the 16 of September, the day after, I was invited to participate in a radio program on Radio Visa 90.1 F.M with host Jorge Carrizales to discuss the recent publication of the City of Guaymas Informe or state of city report. During a commercial break Jorge told us how he was receiving, just moments after the shooting, Whats App texts from listeners to the program who noticed that rather than responding to the robbery police were in local OXXO’s purchasing time for their cell phones. The last thing local cops want to do is respond to a local shoot out while it is still happening. How else can you explain the fact that almost none of these shoot outs are solved. Why are there no security cameras on the streets of Guaymas and San Carlos? The answer is actually quite simple. The current batch of incompetent local politicians and police don’t give a fuck about security in Guaymas or San Carlos. What the city council and Mayor of Guaymas gives a shit about is looking good. Thus you will see many many wonderful pictures of Lorenzo DeCima out and about looking very Mayoral. Just after the hurricane I saw a ridiculous picture of our local Mayor with a chain saw cutting apart a fallen tree! Good job Lorenzo, single-handedly  putting Guaymas back in order.

It’s fucking bullshit and I have remained silent far to long on the amount of crime that takes place in Guaymas/San Carlos. I think us San Carlenos are living in a bubble that is about to burst wide open. We have been lulled into a false feeling of security since there have not been any recent murders or official reports of shoot outs here locally. Official is the key word here.

 

If you follow local Guaymas events you find that someone is pretty much disappeared or flat out murdered once a week in Guaymas or Empalme or Vicam. Shoot outs on the streets of Guaymas also occur with a frequency that if accurately reported on would astound us all.  I quit writing about all of this quite a while ago.  It has simply become to common an occurrence here. I have become accustomed to the new norm just as I have become accustomed to the fact that there are virtually no dorado left in the Sea of Cortes. Just as I have become accustomed to the fact that soon the La Vaquita Marina, the small Sea of Cortes harbor porpoise will most likely be extinct withing a decade. I have redefined my definition of San Carlos to include a certain amount of drug cartel violence just as sport fisherman each year increasingly finds themselves having to redefine what a “good day” of fishing is. Twenty five years ago when I first moved here a sport fisherman could define a good day of fishing as catching dorado a few miles off shore. You might have to go out to the reef, a round trip journey of 20 nautical miles, to fill the cooler with dorado. You would certainly release a bill fish or two on that same day. A current definition of a “good day” of fishing is after trolling 50 to 60 nautical miles I actually caught one bull dorado that weighed 15 pounds well, that was better than getting skunked, that was a pretty good day.

Our lack of a comisario here in San Carlos is yet another good example of how bad things have gotten and how the current situation seems to be the norm. The way our comisaria is supposed to work is that the comisario should be in charge of San Carlos. The comandante or chief of police in San Carlos should be under the authority of who ever the comisario is at the time. The comisario of San Carlos should also be elected by the city council of Guaymas and to be considered as a candidate for the office a development project must be submitted. A person becomes comisario based on a set of criteria including their development proposal. Then the proposal should also receive funding. Well over the decades as the comisario has become less and less relevant to San Carlos the new supreme authority here is the comandante or chief of police. I recently wrote a piece on how our last comandante was certainly bribed by the Costa del Mar HOA board of directors to hassle a CDM resident for questioning the authority of the HOA.  What that means it that we have someone who is guaranteed to be completely corrupt and completely for sale running the show here.

The supreme authority in San Carlos should not be the Chief of Police, this is a recipe for continued disaster.

Not to say that other comisarios have not been corrupt in the past either. I have heard plenty of stories of comisarios taking bribes over the years and other stories of comisarios refusing to be bribed. But the point is at the moment San Carlos has no comisario and the comandante and local police that work here in San Carlos have zero oversight. The following story is a fine example of what I mean. Even though the incident I am about to tell you was reported in by phone I can pretty much guarantee that there was no official report written on the call in. Thus officially the following incident never took place and thus officially San Carlos is a pretty safe place to live.

“Unofficially” at the beginning of the month a friend of mine who lives in the Ranchitos was sitting on his terraza while a small white Volkswagen was being chased by a Ford pick up truck. A passenger in the ford pick up truck was shooting at the Volkswagen with a pistol. Yes a real pistol. Not unlike any bad C rated hollywood movie you might watch on Netflick staring Adam Sandler or some other shitty actor. Mind you this all took place in broad day light. The problem is that this actually happened yet no body ever heard about it happening and thus if there was no report of it happening then, well…. it never really happened.

My friend immediately called the office of the comandante. He was told by the gal who answered the phone to stay inside his house. Wow there is some seriously great advise! No cops responded to the call. This isn’t bullshit, these events are real. Remember we have three measly patrol cars in San Carlos and mostly what these guys do is extort tourists for traffic violations. During the high tourist season in July, if you were so inclined and wanted to watch San Carlos’s finest in action, all you had to do was hang out in front of the Modelo Cerveceria right in front of the CI Banco to watch as luckless tourists were escorted to the automatic teller to pay their fines in cash to our local “Policia Turistica”. Serve and Protect baby, Serve and Protect!!

I am told by sources that the amount of drug dealing that goes on in the ranchitos has escalated in recent months. Not many people even know that the reason the fire station was closed here in San Carlos had less to do with funding and more to do with the fact that a local drug cartel was selling a shit load of “Crystal” right next to the fire station. After a dude got whacked right next to the Bombero Tecate Six it was decided it was too dangerous for the fireman to stay there so they left. Yep, the cops don’t do shit here for security of the community. It is common knowledge that during summer the robbery rate of houses in San Carlos increases by many factors. The local cops know when people are out of town, after all they are on endless patrol, that is what they do, they drive around town yet they never seem to ever catch any of the thieves. How can any of this be? Everybody knows this to be true yet we continue to allow it to happen.

Don’t believe for a minute that San Carlos is any safer than it was compared to July of last year when bodies were turning up by Nacapuli Canyon, shoot outs were happening on a monthly basis and drug dealers were dropping like fly’s, it was Bloody July. I would say that what ever agreement was drawn up between local cartels and the cops. You know the agreement that, “we the local authority, the good guys with the guns in uniform that is, will leave you, the bad guy narco cartel sicarios with the guns alone here in San Carlos as long as you,

  1. Stop having shoot outs here on the streets, I mean for Christ’s sake it’s a god damn “Zona Turistica” here!
  2. No more dumping of bodies in the desert within the border of San Carlos. I mean come on, don’t be so fucking lazy, dump the bodies a little farther away from where you live will ya!

It is only a question of time before that truce comes to an end because somebody didn’t get the fucking memo!

One last indicator of “Que tan jodidos somos aqui en San Carlos/Guaymas.”  Perhaps many of you are unfamiliar with thnarcomanta-guaymase term “narcomanta.” A narcomanta is a message, written on a piece of cloth or tarp and then displayed in a public area. The message is usually directed at the government or someone in government or law enforcement. Often the message is displayed over a bridge crossing. Narcomantas are associated with drug cartels and in the north specifically with the Zetas Cartel. This morning at 4:40 a.m. an anonymous call was placed to authorities in Guaymas calling attention to the first narcomanta that I am aware of to ever be placed over the Mira Mar bridge in Guaymas. There were actually two narcomantas and I have been unable to get the complete text of both of them. One of the narcomanta was condemning a local police chief for being in bed with drug dealers. Wow there is a revelation for us all.

Viva Mexico Cabrones!

 

 

3 Responses to Security is the last thing on the minds of Politicians in Guaymas; and it is with great regret I must say that San Carlos is less secure than ever

  1. Just read your post.Was thinking of moving out of Trumpland(I’m in AZ).Sounds like the”fourth estate”exists down there too.Anything improve since the post or has it become Zetaland?Maybe no difference in the long haul.

  2. As far as violence in San Carlos, “things” have improved. But Guaymas and Empalme and the areas around here are still quite bad. I have been out of town for a month or so and have not been paying attention to the level of cartel violence lately. I still believe that much of the violence is not published in media outlets.

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A meeting with Mayor Lorenzo DeCima is coming shortly; It won’t be pretty

First and foremost I would like to thank the individual who graciously donated a considerable amount of money to the Comite Pro Municipio 73. You have no idea how much you have helped the movement move foreward.

 

In my last post I talked about the state of the city annual report that Guaymas has now been published, here is the link, primer-informe-de-gobierno-lorenzo-de-cima and how local residents of San Carlos are going to publish their own state of the city address for San Carlos.  I  suggest anyone who knows anything about accounting take a look at it. The report has received harsh critique from many locals. The counter state of the city report has moved forward and soon will be ready to publish. When it is completed I will publish it in full but will not have time to translate it. A cheesy google translation will have to suffice for those who don’t speak Spanish and I have been told the document will be lengthy.

 

The knew news is that on the 24 of August the Comite Pro Municipio 73  submitted a letter to mayor Lorenzo DeCima demanding a meeting with him to discuss issues of great importance to San Carlos. The letter was signed by dozens of San Carlos residents. The mayor legally had 5 days to respond to the letter. Needless to say as I type this post Lorenzo DeCima has refused to answer the letter, which incidentally is a violation of Mexican law. Thank you Lorenzo! Why is Lorenzo afraid to meet with a few residents of San Carlos? Come on Lorenzo, even Otto Claussen came to San Carlos and spoke with locals, it is time to man up!!

 

It was recently announced in some of the media sites that Guaymas pays to produce propaganda for the city that some how the city of Guaymas has gotten it’s grubby mitts on a hold of 40 million pesos of either state or federal funding for development projects within the Municipio This press release may or may not be true but guess what?  Not one single centavo of that money, if it ever were to be allocated would be spent on anything in San Carlos. To add a little insult to injury it was also recently brought to my attention that the city of Guaymas generated 540,000 pesos in revenue due to the renewal of 9 alcohol permits in San Carlos. Not one centavo of this money will stay in San Carlos to improve anything. The money is gone like the wind.

I will remind everyone that San Carlos is still without a Comisario and here of course is where it will get interesting. Local acitivist’s and residents seem to be drawing a line in the sand over the Comisario issue. It remains to be seen what activists might do should the city of Guaymas choose to defy Mexican law and illegally impose yet another Comisario on San Carlos with out the proper protocol or requirements full filled.

So as San Carlos drifts along through life aimlessly with no one at the helm, no real security,  no help what so ever from the authorities that be and of course no money what so ever to make any kind of real improvements to the city I would not be surprised if while driving into town on any give day in the future if one should find the main road blocked leading into San Carlos; it might just have has something to due with all this!

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Hurricane Newton wreaks havoc in Guaymas and San Carlos

Hurricane Newton wreaks havoc in Guaymas and San Carlos

 

In the 26 years I have lived here I don’t believe I have ever seen real category 1 hurricane force winds, until hurricane Newton that is. Hurricane Newton certainly wasn’t a hurricane Jimena, but it was close. Wind meters at Marina Real were reported to register gusts of 70 knots. I thought I was pretty good to go for this storm. Our mono hull was brought in from the bay and securely tied town to C dock at Marina San Carlos. Our panga was secure on J dock and I installed an automatic bilge pump switch the morning before the storm hit to keep the boat from sinking at the dock. Our trimaran was on it’s trailer at the Marina Seca work yard getting some serious repairs to it’s port hull. The boat was facing East and there in lied the problem. It was also the first boat in the yard and located right next to the arroyo. Surely a 70 knot gust of wind tipped it over on its trailer windsplitter-on-sideand that was that. The boat was ultimately stable as it lied on it’s port hull. I lost about two months of work on her and for good measure have some extra damage to repair. I consider myself lucky actually. Many boats did not do nearly as well as Windsplitter. Two long time San Carlos charter boats were blown off their mooring’s. Bravo one of the first steel live aboard dive charter boats in San Carlos, built and captained by Vicente Castro, broke loose and ended up crashing into a stone dock on the west side of the bay. It looks like it won’t be salvaged and will be a complete loss. Musicat, the custom catamaran bravo-1that Bob Kuntz built here in San Carlos in the late 90’s ended up just north of Bravo. It remains to be seen whether the boat is repairable. The owner has not been seen in San Carlos for well over a year now.

musicat-ontherocksThere were about 15 boats that were knocked off their stands in the Marina Seca San Carlos. Several of them may be irreparable. There were far to many tangled masts, cracked hulls and complete dismastings for anyone’s liking. Marina Real also has plenty of carnage in their dry storage lot. It would appear there were 5 boats sunk at the Fonatur Marina Singlar in Guaymas and the most tragic of all an Ensenada Shrimp boat bound for Mazatlan tried to seek refuge from the storm in Cabo San Lucas but were apparently denied access to the API dock. The boat left port, capsized and all crew were reported dead. Two bodies washed up on the beach and three crew are still missing. One of the crew members was from Guaymas.newton-marina-seca-san-carlos

Electricity was restored to much San Carlos within 36 hours of the storm hitting but some in the Sector Bahia have endured much longer with out. Water has been another matter with some residents going up to 5 days or longer without water.

The toll on marine life is hard to judge. Many marine birds have died and at the moment we are trying to find someone to help us rehabilitate an injured pelican. At 2 a.m. in the morning I finally deemed it safe enough to drive down to the Marina San Carlos and double check all of our boats at the dock. It was stranded-pelicanthen I saw the pelican huddled down in the middle of the road right in front of Hambone. By the morning the pelican had moved to the large puddle in front of Castaway Kids and as I type this out our feathery friend is in the back yard of a vacant house down the street from us. We are looking for someone preferably with a house on Manglares who might be interested in hosting the bird. Drop me an email if anyone out there has some spare time on their hands!! vince@sancarlos.tv

I wish I could have been out and about sooner and gotten a decent report out for everyone far quicker. Newton will not be forgotten easily.

 

 

3 Responses to Hurricane Newton wreaks havoc in Guaymas and San Carlos

  1. I’ve been reading your story and pictures of the hurricane. How devastating! I’m curious how the pelican is doing.

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Guaymas is about to have it’s yearly “informe”: A state of the city address if you will, Residents of San Carlos are producing their own “informe” for Guaymas

Guaymas is about to have it’s yearly “informe”: A state of the city address if you will, Residents of San Carlos are producing their own “informe” for Guaymas

 

Municpio 74 round

It is summer time and it is hot as hell out there on the streets of Guaymas and San Carlos. It is about to get hotter and I don’t mean in the sense of temperature. As I have documented in the past residents of San Carlos are “MAD AS HELL AND NOT GOING TO TAKE IT ANY LONGER” if you will; regarding the way in which our township or comisaria is governed. I wrote two recent articles within the last few months, one about a meeting between our new Comisario and the Pro Municpio 73 Comite and the other on an issue with the Comandante of San Carlos and how he illegally harassed a Costa del Mar resident. Both of these instances were addressed by the Comite Pro Municipio 73 in one form or another.

It appears that the comisario has recently resigned his post as comisario and that we have a new comandante. This coming week members of the Comite 73 will be trying to find out exactly what is going on with the comisario. Did he resign was he fired? No one really knows for sure but he is definitely not in the office anymore. Did it have anything to do with the fact that a member of the Comite 73 recorded the conversation during the meeting and published part of it on facebook?

While this is interesting and of great interest to San Carlos residents what will happen next is by far more important. I wrote in my last article on our most recent comsiario that he was chosen in an illegal manner. I have been informed by the Comite 73 that it will be unacceptable if the next comisario is chosen in the same way. What the Comite 73 plans on doing about that remains to be seen but it is clear that if Guaymas try’s to violate the rules on choosing a comisario lawsuits may be filed.

On the 15th of the month Guaymas is going to have its state of the city address. It is obvious to me and others that Guaymas is going to sugar coat the living shit out of what is going on within the municipio. So with that said the Comite Pro Municipio 73 is creating a legal document that will state what is the true state of the Comisaria of San Carlos. This as you can imagine will not be a sugar coated legal document. The document will include the illegal manner in which we are charged for water, the illegal manner in which we had the last comisario shoved down our throat, the illegal manner in which we are charged for public lighting yet the ranchitos has no public lighting. And then of course there are the other problems, trash pick up, endless extortion of the tourist population by the local police and what about any ideas from anyone esle?

I was asked to translate and Publish this letter for the English speaking community that was written by Juan Carlos Gonzales so here it is. If anyone would like to put in their two cents you can email Juan Carlos at the address at the end of the letter.

Municpio 74 round

SAN CARLOS SONORA MEXICO GUAYMAS 1 August 2016

COMITE PRO MUNICIPIO 73/PRO TOWNSHIP COMMITTEE 73

CALLING OUT & INVITING: THE RESIDENTS OF THE TOWNSHIP OF SAN CARLOS AND CIVIL SOCIETY IN GENERAL TO PARTICIPATE ACTIVELY AND IN A WAY TO AGREE PACIFICALLY, BUT ABOVE ALL LEGITIMATELY AND LEGALLY IN THE NEED TO PREPARE A legal document that aims to prevent the current political SOCIATAL DETERIORATION  we suffer as a group,
THIS DETERIORATION HAS ITS ROOTS AND IS LOCATED IN PRIMARY AUTHORITY, SUCH AUTHORITY IS GUAYMAS PRIMARY CITY HALL-21 CITY COUNCILMAN and mayor. They all proved an INABILITY TO RULE WITH EQUITY AND JUSTICE AND DUE TO AFFECT DIRECTLY TO CIVILIANS TO REFUSE AND NOT PROVIDE BASIC SERVICES IN SAN CARLOS THAT CITY LAW IS OBLIGED TO PROVIDE TO THE CIVILIAN POPULATION OF SAN CARLOS.

THAT IS WHY WE INVITE ANYONE TO DOCUMENT WITH AUDIO OR VIDEO OR PHOTO , that graphically AND ACCURATELY SHOWS ALL OF THE IRREGULARITIES AND OMISSIONS that OCCUR in San Carlos on a day by day, night after night BASIS.
BACKWARDNESS AND INJUSTICE are reflected in inefficient AND NON EXISISENT UTILITIES THAT DIRECTLY AFFECT OUR QUALITY OF LIFE AND TRANQUILITY EVERY DAY. THIS LEAVES US UNPROTECTED AND WE DECLARE unnecessarily A SITUATION OF INCREASINGLY HIGHER RISK.

WE KNOW THE BAD GOVERNMENT OF THE COMMISSARIO OF SAN CARLOS, AND THE MASTER MINDS BEHIND THE BAD GOVERNANCE OF GUAYMaS, THE city councilman and mayor. They have breached WHAT MAKES THE LAW IN ARTICLE 115 CONSTITUTIONAL AND HAVE DENIED THE RESIDENTS OF SAN CARLOS OUR RIGHTS AS MEXICANS WHICH ARE GIVEN TO US BY THE CONSTITUTION OF THE UNITED MEXICAN STATES. THE GOVERNMENT OF GUAYMAS ALSO BREACHES THE INTERNATIONAL TREATY ON HUMAN RIGHTS THAT FORCES AND MAKES RESPONSIBLE THE CITY GOVERNMENT TO  give us BASIC SERVICES NEEDED FOR A HEALTHY LIVING TOGETHER. THE GOVERNMENT OF GUAYMAS DOES THIS BY MEANS OF OF CORRUPTION, OMISSION, and ineptitude INCURRED CONTEMPT AGAINST THE CITIZENSHIP OF SAN CARLOS.

THE MUNICIPALITY OF THE CITY COUNCIL IN GUAYMAS girders-21 aldermen-SINDICO- Mayor HAVE PROVEN FOR DECADES disinterest, ABANDONMENT, NEGLIGENCE AND ESPECIALLY IMPUNITY IN THEIR OBLIGATION TO OBEY THE MEXICAN LAW, AND TREATY’S IN INTERNATIONAL HUMAN RIGHTS.

WE THE PUBLIC HAVE BEEN DENIED VIA mismanagement FOR DECADES BASIC SERVICES BY PREVIOUS ADMINISTRATIONS IN GUAYMAS.

THIS IS NOW UNACCEPTABLE BY THE PEOPLE, THE CITY COUNCIL HAS NOT TAKEN RESPONSIBILITY FOR THIS LACK OF ATTENTION. WE HAVE BEEN DENIED THE RIGHT, AMONG OTHERS, TO ACTIVELY PARTICIPATE IN THE ELECTION OF OUR COMISSARIO.
WE HAVE BEEN DENIED, PUBLIC SAFETY, WE HAVE BEEN DENIED A FIRE DEPARTMENT, good Police, Paramedics.
SAN CARLOS HAS NO FIRE STATION! THAT IS GREATER recklessness.
STREET LIGHTING DOES NOT EXIST IN SECTORS  LIKE LOS Ranchitos, YET WE PAY FOR THESE SERVICES IN OUR ELECTRIC BILLS EACH MONTH.

COMPLETE AND PARTIAL ABSENCE OF GARBAGE COLLECTION IN BEACHES AND OTHER SECTIONS OF SAN CARLOS.

SAN CARLSO SUFFERS FROM POOR DRAINAGE AND WATER AND SEWAGE TREATMENT.
IT IS WORTH REMEMBERING THAT for hours, days, weeks, months, WE ARE deprived us of the vital liquid WATER while still WE ARE PAYING FOR water bills that are 5 TIMES more than what is legal. This defies all logic and is A CRIME OF STATE.  AND THAT WE ARE IN THE DESERT AND RECENTLY THE PRIVATIZATION FOR CUTTING OFF WATER SERVICES TO FAMILIES IN LOS RANCHITOS WHO ARE OVER CHARGED FOR THE SERVICE. ALL OF THIS IS GENERATING public health problems, THE WATER COMPANY IS justifying THEIR ACTIONS with ineptitude and CLAIM THAT SERVICES ARE CUT FOR LACK OF PAYMENTS, WHEN THEY FORGET THAT WATER IS A HUMAN RIGHT ISSUE. AND THAT THE STATE BY LAW IS MANDATED TO give us our inalienable right stipulated in Article 4 of the Constitution.

WE HAVE BEEN EXCESSIVELY AND FRAUDULENTLY CHARGED LIKE THE FAMOUS DAP THAT EXISTS IN THE STREET LIGHTING AND ABUSES AND FINES IN THE WATER THAT ARE far from legitimate and legal.

THE CITY COUNCIL TO speculated RECOVERY OF INVESTMENT COLLAPSING property taxes.

STREETS ARE NOT PAVED IN SAN CARLOS YET THERE APPEARS TO HAVE BEEN FUNDING FOR THIS, THESE ARE THE SO CALLED GHOST STREETS.,  ONLY THE BOULEVARD MANLIO FABIO BELTRONES IS PAVED, LEAVING THE REST OF SAN CARLOS WITHOUT THAT RIGHT.

THIS IS A PRIMARY NEED SO IT IS IMPORTANT TO HAVE THE PARTICIPATION OF ALL AND EVERY RESIDENTS OF SAN CARLOS. RESIDENTS OF SAN CARLOS HAVE THEIR LEGITIMATE RIGHT TO ACHIEVE OUR MORAL LAW LEGAL AND IMPROVE OUR QUALITY OF LIFE, as established by Article 39 CONSTITUTIONAL. THAT IS WHY WE SHOULD ACKNOWLEDGE THIS EFFORT OF THE BRAVE CITIZENS WHOSE PARTICIPATION IS TO CURB GOVERNMENT ABUSES AND RECOVER OUR LEGAL RIGHTS AND THE WELFARE OF OUR FAMILIES OF SAN CARLOS.
IT IS IMPORTANT THAT YOU ALL KNOW THAT WE HAVE 15 DAYS FROM THIS DATE TO COLLECT ALL INFORMATION THAT WE CAN TO SHOW AND TO PROVIDE AS A GROUP OF TO OUR ADVISERS AND LAWYERS WHO are working hard to make this initiative VIABLE.
THANK YOU FOR YOUR ATTENTION

JUAN CARLOS GONZALEZ.
SANCARLOSINDEPENDIENTE @ GMAIL.COM

 

7 Responses to Guaymas is about to have it’s yearly “informe”: A state of the city address if you will, Residents of San Carlos are producing their own “informe” for Guaymas

  1. No veo tanto razones para estar quejando, y este documento no representa los sentimientos mios, o la mayoria de mis amigo que gozan una buena vida viviendo en San Carlos.

    I do not see the reasons to be complaining and this document does not represent my feelings or those of my friends who enjoy a good life living in San Carlos

  2. Pues que te puedo decir Jeff. He vivido en San Carlos 25 anos. La experiencia que la gente tiene en San Carlos son muy distintas dependiendo del nivel socioeconómico y donde vive. Dependiendo en si son jubilados o pretadores de servicios.

    Well Jeff I would say that simply because you do not see the reasons for complaints certainly does not mean there there are not many. The experience you have in San Carlos I believe depends on many factors. Where you live, what is your socioeconomic situation, do you speak Spanish, are you Mexican, are you a gringo etc. I will give you a great example. Three years ago an tourist walked out of a local bar here, hopped in their car and lite a joint. One of our local “Policia Turistica’s” observed all this stopped the woman and promptly extorted 1500 dollars from her by telling her she could go to jail for her horrible offense. Well Mexican law states that anything less than 5 grams of marijuana is a misdemeanor. When the tourist found this out they went to the MP in Guaymas. To no avail of course.

    Lets say you live in the Ranchitos sector and you pay 5 to 200 times more for water than you are supposed to be paying and you can go weeks sometimes with out service yet you receive your bill on time every month and you pay even though you don’t get the services you pay for. Don’t forget that San Carlos and Guaymas loose 65% of the water that they pump through the ancient infrastructure here. That in itself, considering we live in a desert environment, should be a crime.

    Here is the issue in a nut shell. San Carlos pays 100 million pesos a year in taxes to Guaymas and gets back between 8 and 9 million to maintain one of the supposedly hottest tourist destinations in the state of Sonora. Take a close look at the malecon and you will see what I mean, it is a disgrace.

    I have never stated in any of the media I have produced that I do not enjoy living in San Carlos or that I don’t enjoy a good living. But I don’t enjoy shitty governance by the local politicians who seem each year to simply be crooks. Yes that is right crooks that steel public funds that should be invested in the town that we live in.

    That needs to change. I hope I get to see it!

  3. thanks for that Alex. I would say the most important thing is to participate in the process. When San Carlos begins to break away from Guaymas the town will need all the registered voters to actually sign petitions and participate in the process. It will not be easy but Article 39 of the Mexican Constitution clearly states that the power of any town lies within its residents and those residents have the inalienable right to change their form of government when they decide. Actually here is an article written by a friend of mine about the process of how San Carlos can break away from Guaymas.

    http://sancarlos.tv/how-why-san-carlos-should-break-away-from-guaymas/

    I have the original version in Spanish if you would prefer that as well Alex, I can email it to you. Thanks for the comment!!

    Saludos

    V

  4. Thanks Vince, all of your information and investigations are helpful.
    I think that things will stay the same and nothing will change because I don’t think the gringo community will stand together against anything that will be confrontational.
    The gringos here complain about almost anything and everything but there is little fight from them.
    That is too bad for them but they will continue to pay whatever it takes to maintain what they want from Mexico, which isn’t a bad thing.
    Good luck and keep on writing.

  5. Actually we have received some great support lately from the Gringo sector, or at least one Gringo in particular. I am about to write a detailed post on the subject but I can tell you that a local American donated a substantial amount of money to the Comite Pro Municipio 73. The money that was donated has been incredibly helpful and is still going a long long way. The money has helped produce legal documents and the endless number of copies send out as well as pay gas expenses for the endless trips to Guaymas and Hermosillo for the growing number of San Carlos residents who are no longer going to take shit from Guaymas!! There is now a core group of about 10 individuals who are now forming their own Committees. Soon they will be reaching a critical mass.

    I had a meeting yesterday and I can assure you that very soon the powers that be in Guaymas are gonna have a heart attack when realize what is about to come about!!

    Thanks for the comment!!

    V

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Armed Robbery in Sector Bahia: The Police do nothing/ Did the Costa del Mar HOA contract the comandante to harass a local CDM resident over HOA transparency?

There are several businesses in San Carlos that are essentially “cash businesses”. Much of the money from these establishments never make it into a bank. Owners who run these types of businesses will usually pay their bills in cash, which means there are days when they have a significant amount of cash in their pockets. Clearly a risky endeavor. Around a month ago a friend of mine was robbed at knife point while he had a significant amount of cash on him. This was an inside job, the robber knew my friend would have cash on them and knew when they would leave their house to get in their car to go pay the bills. The police were contacted and it was figured out fairly quickly who was responsible for the robbery. What happened after that is common here in Guaymas and in Mexico. The Ministerio Publico, Mexico’s version of the district attorney, refused to prosecute the case unless the victim paid a significant amount of cash to push the case through the judicial process. The victim decided to go to Hermosillo to see if they could get someone higher up the food chain to prosecute the case. The only thing the attorney general in Hermosillo was interested in was what was the name of the Ministero Publico who refused to move the case forward with out being bribed. The attorney general was not interested in the victim nor actually interested in bringing the armed robber to justice. He was interested in the corrupt official, which is something they should be interested in yet but does not mean the victim should be forgotten about and the criminal allowed to go unpunished?

The victim of the robbery has been left with many questions. Is the ministerio publico’s refusal to prosecute the case with out getting paid because the robber in question has protection from a local cartel and thus this in not just your simple run of the mill armed robbery. This was the fear of my friend who has since left town because he was worried about possible ramifications from their pursuit of justice. How is that for ya? A law abiding citizen is forced to leave San Carlos and their business in the hands of a relative because they were the victim of a crime.

I have been very critical of the new Comisario of San Carlos becuase he wants to increase police patrols here in San Carlos. I would not be against more police patrols if the police that are patrolling are truly here to serve and protect in stead of extort and harass. And that brings us to an incident that happened to local CDM resident Charlie Woehr (CW) and what the comandante, local chief of police, pulled on him at the beginning of June. It is no secret, mostly because I have written extensively on it, that the Costa del Mar home owners association (HOA) has had it’s issues over the years and police have been called out there on various occasions. The event I am going to talk about here though seems to be different than a simple neighborly feud. Several years back I wrote an article on a dispute out there where an elderly American attacked his Mexican neighbor and the police were called. This was a pretty straight forward issue and pretty much old news. But what happened to CW, love him or hate him, is significantly different and potentially more disturbing than the previous post I wrote about.

Below is a copy of the letter in English written by Charlie Woehr describing the events of June 2nd, the day he was stopped just outside the gate to CDM by the Comandante. This letter in English has been slightly added to, Mexican Law has been sited, and translated into Spanish and has now been officially submitted to the Mayor of Guaymas, the Chief of Police of Guaymas, and the Comisario of San Carlos. The city officials have 5 working days to respond to the letter. If there is no response to the letter then the matter will be brought before the American Consulate in Hermosillo.

I believe it was Tuesday June 2 when I went to the Athletic Club San Carlos to work out.    As I was returning home after working out I noticed that two Guaymas Municipal police trucks began to follow me starting from the glorieta by the Marina San Carlos and the Santa Fe supermarket. These two patrol trucks followed me all the way to the Costa del Mar, located by Algodones beach in San Carlos.

When I turned left from Manlio Fabio Beltrones Blvd. on to the road to Costa del Mar I noticed immediately that there was another Guaymas patrol vehicle that was parked on the side of the road. A person who I believe was the Comandante of San Carlos was standing in the middle of the road blocking my way and obviously waiting for me so I pulled over to the side of the road.  So there was one patrol truck in front of my vehicle and two more police patrol trucks parked directly behind me at this point.

The Comandante walked up to my car and started shouting at me in Spanish. I do not speak spanish so I did not understand what he was saying to me. As the Comandante continued to shout in Spanish at me his body language was demonstrating aggression.  I noticed just behind the Comandante several more police officers came into my view. There were two police officers in front of my car and I remember them clearly because they both had their hands on their weapons that were still in their holster. It was at this point that I noticed there were at least 6 perhaps 7 police officers in total standing around my vehicle.

Since I do not speak spanish I tried to ask the Comandante what was the problem but he did not acknowledged any of my repeated questions for why I was being stopped. After what seemed like for ever, perhaps 5 minutes another police officer came up to my vehicle who spoke a little bit of english. I said to this police officer can you please tell me what this is all about? Then he started to interpret what the Comandante was saying to me.

The only thing the police officer who spoke just a few words of English said to me is the following, “You are a Bully and we are here to fix that”.  He said those exact same words, and only those words, perhaps 5 or 6 times. I continued to ask the police officer who spoke those words to me to please explain what this was all about. But he only repeated the same phrase. Eventually this same police officer who spoke the small amount of English then showed me a copy of an email that I had sent to my neighbor Pam Matthews. This email is 5 years old. In this email I had asked Pam to not park her car in my driveway.

While this was happening the current president of the Home Owners Association (HOA) of Costa del Mar, Hector Lopez drove out of the Costa del Mar entrance gate and pulled up across from my vehicle and got out of his car. Hector Lopez said, “I can help to interpret for you since the Comandante is a very good friend of mine”. At this point I was told I could now go but, the Comandante had a few last words for me and he told the interpreter in a very aggressive manner to say these final words to me to me. The police officer said,  “This is a warning, I am not going to arrest you now, don’t let this happen again. We know you are a bully”. At that point I drove home. The president of the Costa del Mar (HOA), Hector Lopez, stayed behind to speak with his friend the Comandante.

The whole incident took approximately 20 minutes. At no time during this event was I ever shown any official piece of paper with my name on it to justify why I had been stopped.  It was clear to me that the police were trying to intimidate me. It is clear to me that someone within the community of the Costa del Mar is the real bully here. It could very well be Kenneth Lee Unrein is the real bully hear. Mr Unrein happens to be the treasurer of the Costa del Mar and I was just recently informed by our new president of the HOA that Mr. Unrein has complete control of approximately 7 or 8 bank accounts in regards to Costa del Mar. Some of these bank accounts are in his name and his name only. Mr. Unrein is in control of all of the money from the Costa del Mar. The President of the Costa del Mar HOA recently told me he has no idea how much money the Costa del Mar has in all of these accounts.  I recently attended a Costa del Mar home owners association meeting where there were approximately 25 members present. I was very critical of how Ken Unrein manages the money from The Costa del Mar. I was stopped and harassed by the Comandante just two weeks after this meeting. I believe there is a connection.

Here is the issue. Is this really a neighbor dispute or does this have something to do with the board of directors from the HOA trying to silence some one in the community who is speaking out against a lack of transparency by the HOA. The HOA has currently just lost a law suit on that very issue to another CDM resident. The CDM HOA meeting described in the above letter, from what I understand, was a meeting to vote for the new board of directors. CW claims that he was trying to run for president of the HOA but at the last minute his name was illegitimately taken from the list of candidates and that he would not be allowed to run for any position on the board of directors.

My problem with this and the reason I write this post is that regardless of HOA transparency and neighborhood bully’s, who ever they may be, the comandante completely violated the rights of an American citizen here in San Carlos with the way in which he handled the complaint against CW. And their in fact lies the real issue. It will be impossible really to prove if the HOA board of directors is really behind this or not. What is crystal clear though from our discussion with the comandante is that the original phone call to complain about the Bully CW came from the administrator from the Costa del Mar, Veronica Sandoval. This has been admitted to by the comandante himself and the administrator. I have sent emails to all those on the board of directors and to Pam herself to try to get their side of the story but as of now no one has responded to my request for more information.

After our meeting with the comisario last month we were informed that there are only three official patrols in cars in San Carlos at any given moment.

So what that means if I am to believe the official story here is that the comandante, in his infinite wisdom, took all three of our official patrol cars out to Costa del Mar to give a warning to a local resident that he needs to stop being a bully. All three patrol cars and 6 or 7 cops to tell a guy he better not wright any more emails to his neighbor and grow up and stop being a bully. Am I really supposed to believe that story?

A friend who lives here can not even get the Ministerio Publico to prosecute an armed robbery at knife point that happens in broad daylight yet I am supposed to believe that the comandante is gonna take all this time and resources to give a warning to a supposed bully from the Costa del Mar? In Spanish an indignant person would utter the phrase “No Mammes” or loosely translated no fucking way! This defies logic. No one will ever be able to prove that the Comandante did or didn’t get an “extra incentive” to go out there and stop CW but after consulting with our good friend Victor Parra Maldonado on this case here is how the comandante should have handled this case.

In stead of the dramatic stop just out side the gate of the CDM, with three cop cars and plenty of guys in dark blue uniforms, a simple letter should have been delivered to the house of the Charlie Woehr. If Mr. Woehr was not at home the letter could have been left on his door step. That is it. Then CW could go make an appointment to go down to the comandantes office and speak about the issue directly in a civilized manner. That doesn’t seem to intimidating though does it? The comandante has no right was so ever to judge anyone’s guilt or innocence in any manner based on any report that has been phoned into his office. He is not a judge and of course in Mexico there is no such thing as a jury. They don’t exist. By law the comandante had to to serve CW with a signed statement and the fact that he didn’t do this by the book is what leads me to believe that there is more here than the official story.

This is why our good friend and local rights activist Victor Parra Maldonado has decided to involve himself in this case. It is a bad precedent to be set in San Carlos. People should realize that if this happened to CW then it can happen to you. I am forced to remind local residents that you are more likely to have your civil or even human rights abused by a Mexican cop than by just about any other official out there. Not with standing the endless extortion of local residents for supposed traffic violations. I think to often we believe that since we live in a tourist town close to the United States and that because we are American’s that what happens in other places in Mexico in regards to abuse by the police will not happen here. This case no matter how benign it may seem to be is important to be exposed to the light of day. Local cops should not be bully’s for hire and it may very well be that a HOA that has a reputation for bullying just hired the local cops to be their own personal bully. In the Spanish version of the letter CW has requested a face to face meeting with the Chief of Police and the Comandante. It will be interesting to see what the explanation will be as to why they violated the proper procedure on how this case should have been handled. Our study of Mexican civics continues………….

6 Responses to Armed Robbery in Sector Bahia: The Police do nothing/ Did the Costa del Mar HOA contract the comandante to harass a local CDM resident over HOA transparency?

  1. The corruption in mexico seems to have compounded itself. 10 even 20 years ago, even 40 or 50 years ago, the corruption ruled Mexico. Now, it is many times worse.

  2. I can not say if it is many times worse. I can simply say that Guaymas is certainly no better than it has ever been. As I have stated for many years now, San Carlos could be such a better place to live if the Mexicans who lived here would step up to the plate and stop accepting the status quo. Slowly I have been seeing that happen and there is a small group that is pushing back. San Carlos could become it’s own municipality sooner that many think and then we might be able to form a more just less corrupt place.

  3. Well, maybe I am mistaken but all I remember about police involvement years ago was simple shake downs for some pesos. Within the past few years they were involved in house robberies.
    It makes me nervous about being in San Carlos.

  4. Yes you are right Jimmy, two cops got caught red handed behind the Creston Motel robbing a house. I later heard that they where put on administrative leave for a while but did not loose their jobs. And this would not surprise me in the least. I have had very very good friends of mine from Mira Mar, upper class citizens tell me flat out that they knew for a fact that the local police there ran a very successful house burglary business. Mark Mulligan was robbed this year on his birthday while we were throwing him a surprise b-day bash on the beach. It seems to me that the cops ain’t really here to help as much as they are here to make a living. San Carlos continues to be what it is. For some it is a living paradise. For others is it something else…………..

  5. There are many that have left San Carlos because they were tired of the corruption and abuse. I know of several businesses that sold out because they got tired of the shake down. This is not rumor, it is fact. Personally I got tired of the Ordaz family constantly trying to have me and others put into prison on false charges, and the police would go along with their claims, knowing that they were false. Mexico needs to clean up their judicial system, and their human right violations. Many of us have lived it.

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Dozens of water receipts are delivered to the Governors office in Hermosillo after radio interview with local activists

Dozens of water receipts are delivered to the Governors office in Hermosillo after radio interview with local activists

Victor Jorge Lili JCVictor Parra Maldonado, Liliana Miranda, Juan Carlos Gonzales and myself were interviewed on 90.1 F.M. last Tuesday on local talk show host Jorge Carrizales. Each person had a talking point. I discussed our proposal for a Marine Protected Area in San Carlos and also gave some history on the illegal dorado fishery. Guaymas is in a financial crisis at the moment which I pointed out and then compared that financial crisis in Guaymas to the crisis that we have going on right here in San Carlos and the greater Sea of Cortes. I will not dwell too much on this today in this post but San Carlos is experiencing it’s third year in a row for an unsuccessful breeding season of brown pelicans. I will publish the data at a latter date but brown pelicans are having a very rough time of it in San Carlos. This is the third year in a row where the brown pelican colony on Honey Moon Island has seen almost no pelican chicks make it

Pelicans sentenced to death in net
Pelicans sentenced to death in net from Commerical Sardine trawl

through to adolescence. Which means there is very little bait in the bay for them to eat. Not a good sign and I will post more on this later in the summer. It is not only San Carlos but all over the Sea of Cortes. I recently spoke with my friend and Enriqueta Velarde who is a seabird ecologist and been visiting Isla Rasa in the Mid Gulf for the last 25 years. This year is the third year in a row that Elegant Terns failed to nest successfully at Isla Rasa where incidentally 95% of the worlds Elegant Tern population nest each year. Climate change and continued over fishing of pelagic sardine stocks are to blame.  Don’t tell that to the commercial sardine fishing plants in Guaymas. They are expanding. Guaymas at the moment has another commercial processing plant for sardines being constructed. At least this plant will treat it’s effluent before it is pumped back into the bay. It should be noted that one of the biggest polluters of the bay in Guaymas has been the commercial fishing industry.

Victor Parra Maldonado spoke on the issue of the comisario. Pretty much everything I documented in our recent post called, How did our meeting with the new Comisario of San Carlos go? Not so hot. This is one of the better pieces I have written in a long time and well worth the read.

Juan Carlos Gonzales spoke about the Mexican Constitution and specifically about article 39 which states that the power of any town lies within the people and that the people can change their form of government any time that they so desire. In other words Juan Carlos was trying to inspire people in Guaymas and San Carlos to no longer sit cynically on the sidelines and complain about all of the woes that face our city. It is time to act and be participants in government, not simply spectators.

Liliana
Liliana Miranda with CEA receipts

Liliana Miranda discussed the numerous problems that face the Ranchitos Sector and it should be mentioned that Liliana has been one of the major actors in organizing residents. Lili has collected well over 50 water receipts from residents. Many aspects of the water issue in San Carlos were discussed.

  • San Carlos is over charged for it’s water
  • CEA does not respect senor discount cards from federal government
  • CEA looses 65% of its water due to failing infrstructure
  • CEA charges for sewage treatment yet there is none

At the end of the interview Victor Parra Maldonando left for Hermosillo to deliver the water receipts from San Carlos and a letter drafted by lawyers that documents all the ways in which Guaymas, and I do stress Guaymas illegally charges San Carlos for its water service. Remember Guaymas is unique in many ways, most cities charge and manage water. Guaymas is unique in that it only sets the price for water and charges for it, the state agency CEA administers it. This letter that Victor delivered starts an administrative paper trail that could very well could lead all the way to the supreme court of Mexico. The city of Guaymas constantly blames it problems on the state agency CEA and of course CEA turns around and blames the city, it is a vicious never ending circle of passing the buck . This has never been more so when you look at the case of Roman De La Rosi Tanori.

Roman has a legally issued seniors discount credential from the federal government of Mexico, SEDESOL. This card allows him to receive a federal discount on utilities such as water and electricity. He has been getting the run a round from CEA for months. Here is how they do it. He goes to Guaymas to ask for his discount and he is told by CEA in Guaymas that he has to pay his bill in San Carlos. So he goes to San Carlos to pay his bill and they tell him that they do not recognize his federal credentials and he will have to go back to Guaymas and discuss it with them. He goes back to Guaymas and the circle jerk starts all over again. He finally heard about Juan Carlos and Liliana and then came to them for help. So what was Roman doing wrong. Here is the screwed up system in Mexico. If you do not show up to a governmental office and document your complaint with a letter in writing then the complaint never happened. Of course the execs at CEA understand this completely. There are many poor ignorant souls, as I was, that had no idea that if you don’t get a letter signed and stamped your complaint never happened! So Roman with the help of a lawyer has written a letter to CEA. We hope to be there with a camera to document when that letter is delivered to CEA. The letter is written on behalf of all those who have senior discounts that are not being respected by CEA and CFE the electric company.

The experiment in Mexican Civics continues. Stay tuned!

How did our meeting with the new Comisario of San Carlos go? Not so hot.

How did our meeting with the new Comisario of San Carlos go? Not so hot.

On May 31, Tuesday afternoon a little after 12 o’clock high noon  (the meeting was scheduled to start at 11 when – will we gringos ever learn) my self and members of, Independencia de San Carlos,  the Comittee Pro Municipio 73 and Guaymas Tu Puerto, met with Jesus Susarrey Osuna, the new Comisario. We spoke for over an hour. It went well at the beginning. Señor Susarrey listened to our comments. He was informed from the beginning of the meeting that we were not interested in simply complaining about how San Carlos is but were really interested in helping San Carlos move forward on issues that everyone in the community agrees are important.

As a resident of San Carlos and business owner, Señor Susarrey owns serveral OXXO’s in San Carlos as well as the small shopping plaza next to Jax Snax where you can find the CEA/water company. He was also on the committee to over see Manlio Fabio Beltrones Boulevard and for several years worked in PROFECO, which could be considered similar to the better business bureau in the United States.  Señor Susarrey informed us that he is well aware of the many problems that confront San Carlos. In the meeting he informed us that he was hand picked by Lorenzo Decima who is the new mayor of Guaymas, an important point that we will come back to later. Señor Susarrey told us that the moment that he is disillusioned with Lorenzo he will resign his post. Now just moments after telling us that he also informed us of how disillusioned he was to find out at the last minute that Guaymas gave a permit to the organizers of the recent, just last weekend, San Carlazo off road race/family event/concert on the beach next to the El Conquistador condos on playa San Francisco. He was not informed until the last minute about this event, which he stated clearly was a,

“Fracasado, or in english a failure!”

He as well as many here in San Carlos and everyone in the office at that moment agree that Guaymas uses San Carlos to generate tons of cash in the permitting of these types of events, sees no money from them and then the police and residents of San Carlos are left with tones of trash on the beach and drunk drivers all over town. Right now San Carlos only has three designated Patrol cars. Señor Susarrey lamented that back when Antonio Astiazarán Gutiérrez, was mayor of Guaymas, two and half administrations ago, that San Carlos had 7 patrol cars. Basically last weekend we were told by the Comisario that the police and their 3 measly patrol cars had their hands full trying to handle the 5,000 visitors that came for the weekend. I don’t doubt that at all of course. The Comisario wants to increase the number of Police Patrols back to 7.

We all agreed in the office that more security in San Carlos is a good thing but I am personally conflicted on the simple answer to the security question is that more police will give San Carlos more security. I would prefer to focus on at least two issues in the security question.

  1. I would like to see security cameras set up in strategic places around town and have some of the cameras be mobile. In other words they can be moved around. Cameras are not that expensive now a days and a picture truly is with a 1000 words.
  2.   Increase the quality of all the Police Patrols in question. Quantity does not necessarily trump quality. And below I will describe a recent, perfect and never ending example of why more police in San Carlos is not necessarily a good thing for San Carlos, especially if the police are not going to be properly administrated and continue to extort tourists.

On Saturday afternoon one of my sailing students from Canada took his English bull dog to the beach for a walk. He was just east of the San Carlazo event site. As he pulled off the beach he was stopped by Guaymas’s finest and informed that he was violating some law by riding his ATV on the beach. His license was taken from him and he was told he would have to go to the comisario and pay the 200 pesos fine to get it back. Yesterday , June 1st I was informed of this and I pleaded with my student to not pay any fine at all and ask them for his license back. I even offered to go over there and talk to the comandante for him. Being a typically nice Canadian he thanked me for the offer and went off to deal with the comandante on his own. This morning I went to see my amiable Canadian buddy and he gave me the skinny on his meeting with the comandante.

Upon arrival at the office he was informed that his infraction would cost a little over 1,000 pesos. Far more than what he was told on the beach, wow there is a big surprise no? When he mentioned that to the comandante or who ever he negotiated with they said ok why don’t you just pay us 600 pesos. My amiable Canadian friend negotiated them down to 400 pesos and he was out the door. I found out about his ticket just yesterday. Less than 24 hours after I spoke with the comisario. Of course the extorted Canadian tourista was not given a written receipt for the so called crime of taking his dog to the beach on his ATV so the commandante’s office just scored another $400 pesos. I have always wondered how they divvied up the bribe money but that is another story for another time.

I explained to our comisario that as far as myself personally was concerned I was only in favor or more police in San Carlos under one condition. The police would stop extorting money from tourists with these bullshit stops that happen all over town. It is common knowledge that when some one commits some kind of moving violation in a vehicle they are often escorted right down the CI Banco automatic teller to pay their fine. I have seen it with my own eyes and I have even taken pictures of it. I have simply never posted those pictures online.

Something I failed to mention in our meeting but is a proven fact of life in Mexican and in San Carlos. The police are often the perpetrators of crime. Especially in San Carlos and especially in summer when many residents leave town. The police are patrolling the hood and they know who is out of town and who is in town. It is a piece of cake for the cops to rob houses themselves or set the house up with someone else. It is a documented fact in San Carlos. Our new comisario remained silent on this issue. The meeting spiraled down hill from there. After our discussion on the police we tacked to the subject of La Maldita CEA or the damn water company. As everyone knows who reads my ranting the water company is about as near and dear to my heart as a bloated tick might be on one of our family’s two rescue dogs.

I think one of the greatest crimes against nature here in San Carlos is not so much all the trash that is left on our beaches and in our desert canyons, but the fact that the water company looses 65% of the fresh water it pumps through the antiquated infrastructure in an area that receives only around 14 inches of rainfall a year.

We informed the comisario, as he well knows, that most foreign residents have no problem paying 5 times more for water in San Carlos than what Guaymas pays. But lets face it, drive around Los Ranchitos and you will see that for many of our less affluent residents 350 pesos a month for water can be a huge burden upon families who are minimum wage earners. Especially when the economically down trodden in Guaymas only pay 80 pesos a month for the same water. The other issue in Los Ranchitos is how the water company has hired a private business to cut the water supply to low income families who have been delinquent on their payments.

We asked Señor Susarrey if he would help us out on these water issues which would cost the comisario’s office absolutely no money, only some political will and a bit of empathy . We all know money is always tight in San Carlos because San Carlos only receives around 8 million pesos a year as it’s annual budget back from the 100 million pesos a year it pays in taxes. Señor Susarrey was happy to inform us at multiple times during the meeting that since San Carlos has no money there is very little he can do for San Carols. Well this an attitude that is completely disingenuous as far at the water issue goes. It takes no money what so ever to write a few letters to the governor and support a grass roots movement of people in a town that he is supposed to be representing. He refused to do anything regarding the water and didn’t seem to care at all that the 40 year old water pipes that constantly fail and leak 65% of our fresh water into the desert was even an issue that deserved attention. I have to say that we were all a bit dumbfounded by that attitude. Bottom line is Señor Susarrey doesn’t give a shit about poor people in San Carlos who are having a hard time paying their over inflated water bills or how much water leaks out of our crappy infrastructure. And of course why should he. He is not an elected official, remember he was appointed. We will get back to that soon because it is a very important part of this story.

When I walked in to the comisarios office for this meeting the first thing that struck me was the fact that there were two secretaries desks and two secretaries. The normal secretaries desk was in its normal spot but in front of that desk there was another. This was the personal secretary of Señor Susarrey. Which would seem to state that he is handling his personal business out of the comisario’s office. The one thing that Señor Susarrey was adamant about was that he was going to increase the number of patrols in San Carlos. What is interesting is the question of how was he going to do this if there was no money left in the 8 million peso’s San Carlos has already been budgeted for. The way the comisiaro wants to funds new patrols is really interesting actually and I have been having conversations with some of my friends up on the Caracol on just this subject recently (you know who you are) and it all comes down to unpaid property taxes.

 

Listen up gringos because this is how Mexican business men do things in regards to property taxes.

 

We all know that the municipality of Guaymas gets all the property tax dinero San Carlos pays. It is a rather large percentage of the total Guaymas budget. What is not so well known is that Mexican land owners will often purposely not pay their property taxes. They do this because they understand Mexican law. I was recently told by local political activist Victor Parra Maldonado, who was at the meeting, that legally the municipality cannot charge more than 5 years for back taxes owed on property at any one time. Think about that. You can purchase a property and if you hold it for more than 5 years you can only be legally obliged to pay the first 5 years you owe. On your next payment you can then catch up if you want or start to let it lapse again or if you understand the system and have some friends in the city here is what you do!  Everything is negotiable in Mexico and here is what business men do when the time has come to write a check to government. Wealthy land owners are purposely not paying land taxes because the real estate market is down. As the market improves and it gets closer for the land owner to either sell the property or develop it he will need to pay his property taxes to get the permitting. The time for negotiation has arrived. Land owners then approach the municipality and negotiate a deal on owed back taxes. In other words now they are willing to negotiate to pay their back property taxes in cash if the city is willing to give them a discount. For a city like Guaymas that is seriously strapped for dinero because the last mayor left it not only broke but 700 million pesos in debt, you bet the city is willing to negotiate. Something is way better than nothing! Now if the business man is smart he will make sure that in this agreement that once he pays, then all of his property taxes are up to date. He could owe 10 years of property taxes and end up paying for just 5 years or less or who knows since nothing is done in a transparent manner here. It is all up for negotiation! This is were Señor Susarrey told us he is going to get the money for new patrols. He essentially told us that he will negotiate a “convenio” or an agreement with Lorenzo Decima the Guaymas Mayor for someone who owes back property taxes. He of course would not tell us who he was going to get to pay their back property taxes but he did say that he thought he could find 1.5 million pesos in back property taxes owed to the city and if the city agreed to put that money into more patrols for San Carlos he would try to make it happen.

Now what comes to my mind is who is gonna pay this back property tax and how much back property tax do they owe? Is it the Comisario himself? Is he using his post as comisario to benefit his own personal finances or is it a good friend of his who he is going to do business with. Could there be a huge conflict of interest going on here? As usual I generate more questions than the city of Guaymas would be willing to answer from this.

Would it be more important to have more police patrols or should San Carlos spend more money on our failing water infrastructure? Any body else got any ideas on what San Carlos needs? Well guess what? The new mayor of Guaymas and the new comisario of San Carlos don’t give a shit about any of your ideas on how to improve this town. What is clear is that the residents of San Carlos are left out of the loop of any meaningful debate on any subject of how their tax money should be used to improve the community.

 

Remember earlier in this article I mentioned that Señor Susarrey told us he was personally chosen by Lorenzo Decima to be the comisario. Well guess what? The Mayor of Guaymas does not have that kind of authority. He can not simply name who the comisario of San Carlos is going to be. The comisario by law is to be chosen from a list of candidates who meet an established criteria. And one of the most important requirements on this list is what is called a “Proyecto de Trabajo”. A Proyecto de Trabajo is basically a proposal on what kind of new projects and new ideas a comisario would work on to implement in the community. Not only is there a “Proyecto de Trabajo” but there is a budget that the candidate submits along with the project or plan. This is actually the major part of the requirements that any prospective candidate for comisario must have to even be considered for the position. Not only must the candidate for comisario put forth this “Proyecto de Trabjo”, he must also be voted into office by the cabildo, or city council and the city council is supposed to vote on at least three candidates. We did ask the comisario if he put forth a “Proyecto de Trabajo” and it took a few moments to get him to answer. This was actually probably one of the contentious moments of the whole meeting. After trying to dodge the question Andres Gonzales from Independencia de San Carlos just kept hounding Sussarey for an answer. In a high clearly agitated voice these were pretty close to his exact words,

No lo tengo por qué no lo ocupo!

 

The meeting at this point got a bit more confrontational and so someone, I think it was Victor Parra Maldonado from Guaymas Tu Puerto, asked Sussarey how much money he made as comisario. Believe it or not Sussarey answered that he didn’t know how much he, the comisiario made. He told us he thought it was between 18,000 and 20,000 pesos a month.

But here is the zinger. He said he is doing this for free, he is not charging the city for his services as comisario. Now officially on the books the comisario is paid according to the budget of San Carlos 13,478 pesos a month. Honestly I can’t believe based on our conversation that the comsisario is so altruistic in nature. He already told us he didn’t care about loosing 65% of our water leaking from antiquated infrastructure or helping poor people pay their excessively high water bills yet he is willing to be the comisiario for free? I am sorry, I don’t believe it and when something smells like bull shit it usually is. I believe the comisario is there for a reason that can not be explained by altruism.  Sussarey is there not for selflessness. He is their for the influence and leverage his position carries as a business man in San Carlos. That in itself is worth way more than the measly 13,478 pesos a month salary. This whole situation has the stench of quid pro quo written all over it!

To the best of my knowledge San Carlos, since its inception, has never had a comisario who was not hand picked by the mayor. In Spanish that is called a “dedazo”. Dedo in Spanish means finger. And when someone is a “dedazo-ed” what this means is that he has been selected, fingered if you will, by who ever is in power to fill a political position. Think back on how for 70 years one political party, PRI to be exact, was allowed to choose who would be the next president of Mexico. Of course they always choose their own PRI candidate and it was not until Vicente Fox in the Mexican presidential election of 2000 finally broke the back of the “dedazo” and won the presidency of Mexico for the PAN party and ushered in a new Mexico that was more “democratic”.

Señor Susarrey is nothing more than just another “dedazo” in a long list of “dedazo’s” and he might just be the last one ever to be the comisario of San Carlos, and here is why. In Title Two of Chapter One and then Article 39 the Mexican constitution states , that the power of any town lies within the people and the people can change their form of government when ever they choose. All three of the Mexican citizens who were in that meeting with Señor Susarrey are all of the opinion that it is time to change the man that is supposed to be representing all of the people of San Carlos, not just the 1%. Considering that this comisario is nothing more than another “dedazo” and was illegitimately chosen in a manor that is not consistent with the legal process it seems there will be an experiment in Mexican civics coming to San Carlos very soon. If local activists mobilize a sufficient number of people here in San Carlos there might just be a Chubasco brewing on the horizon, after all it is summer time, global temperatures are rising and hurricane season is officially upon us.

 

6 Responses to How did our meeting with the new Comisario of San Carlos go? Not so hot.

  1. VINCE,
    ANOTHER EXCELLENT REPORT REGARDING SAN CARLOS. KEEP IT UP. SUGGESTION IF YOU HAVE ANOTHER MEETING WITH THE COMMISORO YOU MIGHT ASK HIM ABOUT TOPES ON BELTRONE TO SLOW DOWN SPEEDERS.
    CURT

  2. Maybe we should stop paying our propery taxes to Guaymas ,form a San Carlos Property Owners Association, pay the money into it and use the funds to fix the infrastucture and provide services needed in San Carlos?

  3. Good job. Keep up the good work. We the property owners and residents of San Carlos be it foreign or national need better representation.

  4. Thanks for the comments. John you actually have hit upon something that I was discussing with our lawyer this morning and has come up many times in the past. No one is against paying property taxes right? Lets face it, the Canadians and Americans have always paid their property taxes on time. It is interesting to see though how the Mexicans see property taxes though. I understand why Mexicans don’t want to pay. Why should they want to pay taxes to a government that is stealing the money. So of course the really smart Mexicans don’t pay and negotiate. Why shouldn’t the residents of San Carlos do that same thing? It makes perfect sense! Remember in Mexico even if you don’t pay your property taxes the government can not take you off your land, not even a foreigner and hey we are willing to pay that is not the question.

    The problem is paying taxes to the government here gets us nothing in return. We actually could form a type of association and start paying the taxes into a form of escrow to show the government that we are not arguing about paying. We are simply demanding that the money come back to San Carlos to improve the community. We are simply demanding that the comisario be legally elected according to the law. We are simply asking that we not be price gouged in regards to Water bills and that we invest money in our failing water pipes.

    I will be discussing this with our lawyer again, this idea of paying taxes but not giving the money directly to the municipal government until an agreement is made on how the money is spent.

    On another front I will be posting soon about a “class action lawsuit” if you will that is going to be brought against the CEA/water company. This morning I took a picture of Lilliana and Juan Carlos with 50 water bills from residents of Los Ranchitos. These water bills are being delivered to the Governors office as we speak by Victor Parra Maldonado. This is just the beginning. I would urge all residents of San Carlos, Mexican, Canadian and American to please send us an old water receipt that you have paid. The more receipts we have the better it will be.

    Remember we are all consumers of water and have all the right in the world to receive the service that we pay for. You have to understand that what the water company is doing here is not technically legal. Juan Carlos and Victor Parra are quite confident that this case will not end well for the city of Guaymas.

    A tempest is brewing on the water issue in Los Ranchitos, people are mad as hell and they are not going to take it anymore!!

  5. Their timing of water maintenance or whatever is horific. I replaced or had repaired our water pump nearly a dozen times over the last eight years. Albeit some better maintenance, proper installation, and safety breakers could have cut that number significantly, it was the constant lack of water that exacerbated the problem. I liked how they waited one year over Memorial Day to start ten days of repairs, but the water is constantly going out in July at the height of Nationals vacationing here. Thankfully most have a good enough time to overlook this common occurrence. People often challenge paying full rent then.
    Our landlord lied to us about paying the significant water bill we moved in on. They cut our water and we returned before they left. Returning with my baby they looked a little sheepish taking off without reconnecting it. I went and paid the full bill, which may have been a mistake, since it seems you will be given a 40% discount if you don’t pay your bills until they are significant, or maybe the right people can argue it down for you. Another completely messed up system here. I guess it’s like guessing on a multiple choice test, or maybe we’ll just do everything wrong and maybe get lucky with something going right.

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Carmen Ordaz is still trying to use the Mexican Judicial system to harass Americans: This time she used it on me and it backfired on her bigtime

Carmen Ordaz is still trying to use the Mexican Judicial system to harass Americans: This time she used it on me and it backfired on her bigtime

I want to share an experience with the residents of San Carlso that I recently had with one of our local realtors named Maria Carmen Ordaz Aquiar, who is the owner of Star Realty. I think her company is still called Star Realty, I will double check on that. As many readers of my blog know I have written extensively on real estate fraud here in San Carlos. Real Estate fraud is essentially why this blog was started in the first place. Before I published my own blog I actively posted on the two forums in San Carlos. Of course what I found out was that more often than I could stand administrators of those forums would delete my posts. I thought that informing residents of fraudulent behavior was a community service that the local forums would welcome with open arms. Boy was I wrong. Anyway to make a long story short here on my own blog I am free to inform and so here goes!

The truth of the matter is I have been very busy with our new Non-Profit WorldsAquarium and since I have not heard that anything new is happening on the Carmen Ordaz Falsification of Legal Documents Case I reported on in October of 2014 I have been silent on the issue. I assumed, as often is the case in Guaymas, that the wheels of justice have screeched to a halt for a while. Our Non profit WorldsAquarium is working on creating a Marine Protected Area here in San Carlos so that takes up a tremendous amount of my time, but I think it is time to revisit the Ordaz case. Here is how I got reminded of Carmelita!

On the 4th of April a police patrol showed up at my house at 9 p.m. in the evening and shined a spotlight through my front window. I of course got my lazy ass off the couch to investigate the bright light shining through my living room window. The officer was just about ready to knock on the door as I opened it. He attempted to serve me a summons.

As I was reviewing the summons I was informed by the cop that I was expected to appear before a judge the very next morning. Which was total bull shit and not how the process works. After several minutes of reviewing the document I realized that my name was spelled incorrectly on the summons. I refused to sign the document based on that, besides the fact that it is completely ridiculous to think that a cop would come to my house at that late hour and insist that I go before a judge in the morning. This is Mexico for crying out loud! Of course the officer would not tell me what it was all about and would not leave me a copy of the complaint that was against me.

I have to wonder if this police officer was not given some incentive by someone special to deliver those papers at such a late hour and then tell me a bold faced lie about how I had to present myself in front of a judge first thing in the morning.

What makes me think that something fishy was a foot is the cop was utterly pissed off when I refused to sign the paper. Why should he even give a shit?  He is just doing his job like normal right? It should be irrelevant to him whether I sign or not. His attitude to me seemed suspicious and he walked away abruptly. That was the end of the event for that night. This summons was illegal, since he refused to give me an official copy of why I was being summoned for and I did not have to show up the next morning. I actually by law get to be summoned at least three times.

At this point I had no idea what this was about. When I discussed this with my lawyer and my team of advisers we all assumed it had to do with  the recent report we did on corruption over at CEA the water company or perhaps the latest video we posted on facebook of Yayita over at CEA trying to throw us out of the office for filming.

Two days later the police showed up in the morning at my house and harassed my daughter. I was out on the water teaching a sailing course. The police came back later that afternoon and finally caught me at home. This time they had a copy of all the laws I had supposedly violated, and here is where it gets really weird; the cops insisted that I come with them at that very moment to see the judge and that they would bring me back after I spoke with him. This sounded like a bad version of a Hollywood movie.

Sure officer I will get in your patrol car right now and march right down to the judge because you say so! The cop was adamant that everything would be just fine.

The officer said to me,

Don’t worry about a thing, this is the Juez Calificador, the reconciliation judge, and what ever he wants of you is no big deal.

I told the kind officer that he should not worry I will go down there to see the judge manana for sure!! And we all know what manana means don’t we. It is worth mentioning that this time the officer brought with him a copy of all the things I had supposedly done wrong. I asked him 12946986_954062737996903_1245325450_owhere was the paper I was supposed to sign and he told me I didn’t need to sign anything this time. I also asked him if he could leave me a copy of the summons so I could review it and he told me that I could not have a copy. I asked him if I could take a picture of it and he said yes so I did take a picture of it. That is when we started to go over the numerous things that I was supposedly guilty of. Now no where on this document did it say who was complaining about me. It was interesting to research all of my violations. They were basically domestic dispute issues that you might see between neighbors. For a while there I thought to myself that it was not unreasonable to assume that the reason I am being called down to the judges office could be because I forgot to pick up our dog shit from the street last week. I was essentially accused of many things, below are just a few. All of these articles are found in the Bando de Policia which is difficult to translate but is essentially a civil code of conduct among residents of a municipality.

Atriculo 13 fraccion I. (Causar o Provocar escandalo como la producción de sonidos y otros similares que perturben la tranquilidad de las personas); Making loud noises and disturbing the tranquility of people.

fracción VI. (Vertir o arrojar aqua y otros liquidos o substancias asi como cualquier objeto en las vias de libre transito); This one is weird, throwing water or other liquids on someone while they are on a public side walk or road.

fracción VIII. (incinerar objetos en cualquier lugar publico); Incinerating objects in public.

I thought I might go the next day and posted sarcastically on Facebook that I was going to the police station in Guaymas and if I was never seen again that the police station would be a good place to start the search for me. I decided not to go that next day but some friends of mine thought I was going and they went to the judges office to look for me at the designated time. And guess who showed up? Yes it was none other than Carmen Ordaz and one of her lawyers! I didn’t find out about that though until several days after I had already gone to see the judge on a different day!

When I finally showed up to speak with the judge we actually got lucky and were able to speak with his supervisor. Since I had taken a picture of the articles against me we showed up thinking that we could at least defend me based on what I was accused of. The supervisor then informed us that all the articles that were mentioned in my summons had nothing to do with why I was brought into the judge. I then cut to the chase and asked the judge,

Can you please tell me why I am here then?

As the words Carmen Ordaz rolled of his the judges lips we then finally knew what this was all about. It really was quite a relief!
Believe it or not the judge could not give me a copy of her complaint against me, so be it the loco systema in Mexico.
But he did read her statement and also showed me the file. Carmen had printed a page off of my web site where I had published her mug shot and formal court documents from the time back in September of 2014 when she spent two weeks in Jail while trying to post bond for the charges of Falsification of Legal Documents. The page is in english of course and the judge could not read any of it. This was not mentioned in the summons because this would not be grounds for bringing me before a judge. I was simply disseminating information on a court case. There is nothing illegal about the freedom of the press in Mexico and dissemination of information such as this is called freedom of expression under the Mexican Constitution and protected. However serving me a summons under false pretenses is not legal.
Now what everyone should understand is that the Juez Calficador, or as I translate it, a reconciliation judge has absolutely no power to do anything other than try to resolve some kind of dispute between two individuals. What the judge offered to me was that if I wanted he could set up a meeting between myself and Carmen Ordaz and then try to mediate any of the problems there were between us. I could accept the meeting or reject the meeting. And that was it. I mentioned to the judge that I might be interested in meeting Ordaz on one condition, that being that my camera would be rolling the whole time we were together. He told me that was not permitted. I don’t really have an issues with Carmen Ordaz so I doubt I will take the judge up on his offer to have a reconciliation meeting with her but one thing is certain.
My lawyers and I are going to file a formal complaint against the judges office. The manner in which they summoned me before the court and the fact that according to Mexican law the judge should have investigated the complaint against me before they summoned me to the court was completely illegal. There is no doubt of that what so ever. There are many many inconsistencies in how all this went down and we will take the opportunity to formally denounce the office of the judge for all the errors and illegalities that they committed.
Now the other thing is I really do have to thank Carmen. I had pretty much forgotten about her case. But now that she has reminded me I will see what I can dig up on the charges that she was accused of. It would seem the wheels of justice have been halted for a while but I promise I will try to find out what is up with the Costa Bella case. As many people remember one of the lawyers and friend of ours who was involved in just some of the Costa Bella law suits was Pedro Parasuelos. Pedro was murdered while coming out of church in Guaymas just a year ago.

 

So in the end what Carmen Ordaz did to me is what they have been doing for years to anyone that might get in their way. They use the corrupt Mexican judicial system to try to harass anyone who might speak or publish the truth about any of their legal problems in public. Going to the Juez Calficador is really just a cry for attention from Senora Ordaz. It definitely worked, she got my attention.

As I departed the judges office I had one last question for him. I asked him this,
If madam Ordaz thinks I have done something wrong by her why is it that she does not simply go down to the ministerio publico and make a formal complaint against me. Much the way she tried to railroad Susan Caneli and Kimberly Mcdonald?
The judge remained silent on that.

8 Responses to Carmen Ordaz is still trying to use the Mexican Judicial system to harass Americans: This time she used it on me and it backfired on her bigtime

  1. The mexican judicial system doesn’t work. Very sad that the changes that were to be implemented by June 2016, for all 31 states, was just a dream. Only 12 states have started to implement the changes that Congress voted for. (years ago) In such a corrupt system, one can not expect changes to happen quickly. I only hope that it happens in my life time. So many people have left mexico, with a bad taste in their mouth due to this extremely corrupt family (Ordaz’s). Very sad. They would never make it in the United States. They are felons, and would be guests of the government for a very long period of time. The false charges brought against me on NUMEROUS occasions, have soured me, on a country that I had grown to love. I made it my home for over 30 years, but will never live there again, due to the corruption I had to live with on a daily basis, the harassment of my two girls, which started when they were very little, and the loss of business due to the false stories that are continually published in the local papers, that destroy people’s lives and reputations. We won’t even go into the corrupt lawyers, that take your money, and leave you hanging (literally), lost within the judicial system that was designed for the rich and powerful. I can only say, that I am so pleased that the Ordaz family no longer RULES.

  2. Yes the oral judges and new adversarial judicial system in Mexico is taking far to long to be enacted. Things have changed here but the change is happening far to slowly. But the good thing is that the Ordaz’s have lost much of their power and much of it has to do with you Kimberly, and Susan. Because you both stood up to them and won, even with the corrupt system being the way it is. I think that your case was the beginning of the end for them. I suspect that they may come after me again but I don’t think, or should say hope anyway, that a Ministerio Publico in his right mind will listen to them tell a pack of lies and then go try to arrest me based simply on what they said about me. I know that they burned their bridge with the reconciliation judge, he will never consider bringing me in again based on something she would say about me, that is for sure. You are correct though. The cases like this have really affected the town and given San Carlos a very bad reputation. Just look at Costa Bella and Villa’s Serena. Two unfinished projects and we pretty much know the last name of the family who was involved with them both. Hard to believe it is just a coincidence.

  3. The best way to stop a CON ARTIST is to announce to the world who they are and what they do to people. Say someone buys a domain like nameofconartist.com and forwards it to a free wordpress blog. All one would need to do is post a brief story about the con artist and warn others of the person/s. Then link to past stories and newspaper articles and leave the comments section open. Make some flyers and put them out there. Soon the new domain will get attention and then those who were wronged by the con artist would be able to tell THEIR stories. After awhile the con artist/s will need to find a new trade or move somewhere where nobody knows them. Good luck!

  4. That is a pretty good idea MY pal Pam! Actually there was website up and running about Camerlita Ordaz’s sister in sinister Catalina Ordaz. I don’t know if the web site is still up and running because the person who put it up I think finally got tired of paying the yearly posting fee but the site did do it’s job for a long time. What Ordaz is upset about is that my blog post on her charges is just about the number one hit when someone searches her name. Great advise though for sure!!

  5. Interesting that the whole mafia family uses the same techniques of harassment. Sadly the whole system allows them to abuse when they are the guilty ones of wrongdoings.

  6. What is very interesting is I heard from someone who lives in the Country Club today that Carmen had a whole bunch of State Police show up at her door step. Apparently she refused to come out of the house but something went down at her place today. I wonder if it is Costa Bella related!

  7. She is out on bail for the costa bella thing……catalina has an amparo allowing her to stay out of jail for now….. written by their partner Judge Jimeniz Fox.. I would love to see photos.

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Could the Costa Del Mar HOA end up being dissolved with former board members brought up on criminal charges and face deportation?

Could the Costa Del Mar HOA end up being dissolved with former board members brought up on criminal charges and face deportation?

There is little pleasure in saying I told you so. But I would be remiss if I did not say flat out that I do feel a small amount of pleasure in the fact that I did indeed in my first article I ever wrote regarding the HOA at Costa del Mar say at the end of the article that the HOA should negotiate some kind of settlement with Francisco Velez Villa.

The HOA has lost the lawsuit Francisco brought against them and the appeal as well so here in a nut shell is what that loss means.

  • The HOA must turn over all accounting records in detail to the Judge. Everything that Costa del Mar HOA has must now be turned over to a Judge. Invoices, receipts, you name it and the HOA has to turn it over. It is Francisco’s believe that this is the real reason that the HOA appealed the case since there was no way in hell they could win the appeal. The reason for appeal was not simply about paying lawyers fees, the HOA did not want to have to turn over all of its incomplete records to a Judge. They have lost and they must now do so.
  • The HOA has no right to an Amparo or injunction in this case.
  • The HOA will have to pay all lawyers expenses plus audit fees. This amount is still being calculated by attorneys but will certainly be some where between 200,000 and 300,000 pesos.
  • Because there is evidence of fraud the Judge will turn this case over to the Ministerio Publico who will then be looking at who was in charge of the HOA at the time. Criminal charges could be brought against former members of the board. These former members of the board could be deported from Mexico and their properties forfeited.
  • Mexico’s IRS, Hacienda can now be informed of the problems that the HOA has with their accounting and the fact that according to Mexican law a non profit can not hold money in saving’s accounts or CD’s and must return money that is not spend by the end of the year back to the residents in one form or another. Whether that be in the form or cash or credit on HOA fees. It seems clear that this has never been done in the history of the HOA. From what I recall the HOA has tens of thousands of dollars in their accounts. This may be legal in the U.S. but according to the lawyer for the plaintiff, who just kicked CDM’s ass, it is not legal.
  • The HOA could be dissolved at some point. This would mean that another HOA would have to be formed and then of course residents who live there can opt out of being involved in any form of HOA.

Maybe the board of directors at the CDM should have perhaps thought to take our advise of arbitration back in May of 2013. This might all of have been behind them if they had. I wonder if the home owners out there will start paying a bit more attention to this law suit now?

8 Responses to Could the Costa Del Mar HOA end up being dissolved with former board members brought up on criminal charges and face deportation?

  1. I watched this because I wanted to see what the law suit was all about. I’m still not clear as to why this man was auditing the HOA. I didn’t hear one specific claim that money was embezzled, other than by a previous administrator (not a board member) who was fired for stealing dues she pocketed. Lesson learned in Mexico, ALWAYS get a receipt. Having first hand knowledge of CDM, I can tell you some of his statements are completely false and you can tell when answering specific questions he is evasive. He makes some outrageous claims about the three American board members going to jail and losing their properties before being kicked out of the country, but I didn’t hear exactly why. At 9:52, he says that the board members need to change every year. There is an election every year and they were elected by the majority. There are some factual errors about how long certain board members served. In his opinion the streets are a catastrophe, but the roads were rubble before the new street was put in, and the process for selecting the surface took about 12 months, going through several different votes along the way. It surprises me that he claims the HOA can not have money in reserves for catastrophes like Jimmena? The budget, including the amount kept in reserve is voted on every year. What I see here is a person who is attempting to use the corrupt judicial system to break apart an HOA that he owes money to. Love them or hate them, HOA’s are the only way for a neighborhood to have nice roads, street lights and attractive grounds that the Mexican government will not provide. HOA’s are the only way for neighbors to pool their money together to get things done for the neighborhood. And those who pay into the pool get an equal vote as to how that money is spent. It looks like this is one of the MANY residents in the CDM HOA who is happy to reap the benefits of every one elses contribution, but does not want to pay. This is a frivolous law suit that has little to do with the facts and it’s a travesty that the Mexican legal system can bury a small neighborhood association with the unavoidable legal fees. This is extortion perpetrated by his Mexican lawyer. Vince is only showing one side of the story.

  2. The Man is auditing the HOA because.

    Number one he has the right as a homeowner who was paying dues to see the books, or doesn’t he? A judge agreed with him. Shouldn’t anyone who is a home owner be able to see the accounting records of their HOA?

    He also believes that fishy things have happened out there. I know from speaking with home owners that employees of the HOA were accused of steeling money.

    There is only one story here and that is the fact that the CDM HOA lost a law suit. There are more coming. It is undeniable that the HOA has done some seriously dumb ass shit, not to say illegal! Remember when they decided to deny home owners access to their property at the gate?

    I think many home owners out there are ignorant of what the HOA has done in the past. I know home owners out there are ignorant of Mexican law. For example on one of the home owners meeting I went to once I was told by a home owner that the HOA owns the streets there. This is not correct. I have spoken with city officials many times on this subject and the reality is that Guaymas owns the streets not the HOA. Now it is great that the HOA has fixed the streets but that doesn’t mean that they own them.

    I would ask that you clarify which of his statements are false just for the record.

    I am sure Francisco remembers things wrong. This goes back 12 years now but I doubt he has forgotten the big stuff.

    If the HOA has absolutely no accounting for two years then that would suggest that something went very very wrong indeed. No accounting records for two years? Wouldn’t the board of directors be responsible for loosing the records?

    If the numbers don’t match up then were did the money go?

    According to Francisco’s lawyer by Mexican law the HOA can not have money in reserve, it has to give the money back because it is a non profit. Is it true that the HOA has CD’s and is making interest on the money? If that is true then the HOA would seem to be in violation of Mexican law.

    Now I find it very interesting that Francisco is accused of using the corrupt judicial system to get out of paying when it was Francisco himself that was attacked at his own home by the boyfriend of a board member. The CDM then spent 25,000 dollars mas o menos to bribe judge to keep the aggressor from going to jail!

    Karleen actually bragged to people and was proud of the fact that they bribed the judge to keep Ken out of the clink. I don’t think the board was authorized to spend 25,000 dollars or what ever defending a guy who was clearly guilty and not a member of the board. Is that embezzlement? A board member using money for the legal defense of a boyfriend? Is that a civil or criminal violation according to Mexican law? I am just asking questions, questions that I would think any resident out there would have the right to ask.

    If the SAT, Mexican IRS, gets involved I think it gets tricky for the HOA. If it is true that non profits have to give money back at the end of the year to home owners and then SAT finds out that the HOA has multiple saving’s accounts I think it could be game over for the HOA.

    I find it amazing that the poster here is saying that since the HOA voted to have a reserve and to have saving’s accounts that some how their vote gets to trump Mexican law.

    It would seem to me that the CDM HOA has not had a good lawyer since Pedro Parasuelos, may he rest in peace, threw tens of thousands of dollars around Guaymas bribing MP’s and judge’s.

    The CDM HOA reeks of HOA syndrome.

  3. Your response brought up an entirely new topic that had nothing to do with Francisco’s law suit, which if I understand your story correctly was to force a costly audit of the HOA’s accounting. The fight, which was indefensible, is an entirely different issue that has no connection to the audit. But if you want to rehash the fight, you know it takes two to tango and even though his reaction was wrong, do you think Ron was not provoked? Provoked by a man who has made it his life’s mission to be a thorn in the side of the volunteers who serve on the community association board. Provoked by a man who chose to live in a neighborhood that has a community association, but then chose not to pay for shared expenses that the neighborhood, by democratic vote agreed on. Provoked by a racist bigot who clearly does not like Americans living in Mexico despite the fact that one of Francisco’s strongest defenders after the fight is now one of the Americans he wants deported. Vince, I know you see yourself as a Social Justice Warrior, but you’re just making up a “David vs Goliath” story filled with unsubstantiated accusations and lies. This is not Truth in Journalism. This is TRASH

  4. Como primera instancia debemos recordar que los vecinos decidieron constituirse como una asociación civil sin fines de lucro, y como tal deben de regirse bajo sus bases constitutivas y estatutos internos. Por ello, no aplica la ley general de condominio del estado. Ya que la ley especial deroga a la ley general.
    De nuevo es importante señalar que una asociación civil no está creada para fines de lucro, de ser así caemos en un delito.
    Las persona que aquí han expresado sus erróneos comentarios, no son más que una bola de ignorantes de las leyes que rigen en el lugar donde viven. Este tipo de personas se han aprovechado de la bondad de las normas mexicanas para cometer delitos aquí en México, creando una asociación civil que no tiene fines de lucro, que sin embargo la han convertido en una empresa particular. Al grado que ciertos directivos se han enriquecido a costa de la colonia. Aprovechándose de su situación, han llegado al grado de tener varias cuentas bancarias con grandes cantidades de dinero.
    El mejor consejo que les puedo dar como persona, es que se busquen un buen abogado, porque los que han administrado el dinero de la asociación están a punto de meterse en un problema de tipo criminal. Que les llevaría a la cárcel o bien ser expulsados del país y por lo consiguiente pérdida de sus bienes.

    We must remember that the neighbors decided to establish itself as a nonprofit association, and as such should be governed under its rules and regulations. Therefore, it does not apply to condominium State law. Again it is important to note that an association is not created for profit, if so it is a crime.
    The people here have expressed their erroneous comments, and are ignorant of Mexican laws. Such people have taken advantage of the Mexican laws to commit crimes in Mexico, and created a nonprofit association, and are treating it like a business company in which to make money. To the extent that some board members have been enriched at the expense of the colony. Taking advantage of their situation, they have reached the point of having several bank accounts with large amounts of money. Which is illegal because it is a nonprofit organization.
    The best advice I can give you as a person, is that you look for a good lawyer, because those who have managed the money of the association are about to get into a criminal problem. That would take them to jail or be expelled from the country and the loss of their property.

  5. I got to be honest with you Fact Checker, your post is idiotic. This is a blog, not a journalistic publication. It seems like you guys don’t understand the difference between the two. There is no new topic. Francisco brought up this audit because he felt that the HOA has shitty accounting. He brought up the law suit because he feels that the HOA did illegal stuff. Now A judge agreed with him. I think he also brought up the law suit because he was locked out of driving his own car to his own home as well. I think another reason he brought up the law suit was he was attacked by a man named Ron at his own house. Now he decided to go after the HOA on shitty accounting and I think he and his lawyer believe that shitty accounting can mean money was not spent properly. Again a judge would seem to have agreed with him. I would say that the HOA at the CDM has no one to blame but themselves for the shit they are in. You guys can make all the Ad Hominen attacks you like on me but that won’t change the fact that the HOA just lost a law suit and if sources are correct there are more coming your way!!

  6. Francisco, perhaps you should answer the question for one of the people who posted here. What two years did the HOA fail to report any accounting? Actually I would urge you in the sake of transparency to post the results of the whole audit and cite Mexican Law on non profits.

  7. De acuerdo a la auditoria no hay documentacion desde 01 enero de el 2004 hasta el 31 de dic 2006..y algunos documentos de el 2007.
    No voy a dar mas informacion porque es caer en un juego. Dejemos las cosas caigan por su peso.

    According to the audit there is not any information. Papers from 01/01/2004 to 31/12/2007. And 2007 missing some information too. I`m not going to give more information. This is not game. The truth will come out in the end.

  8. Well there you have it. How could a judge rule in favor of an HOA that has no paper work for years? I hear there is a big meeting out there at the end of the month and that at least one person out there is going to try to have the current board impeached and removed from their posts.

    I guess the plot thickens at the Costa Del Mar!!

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The Beach Volley Ball Tournament was awesome: Destroying the Sand Dunes for the Event was a huge mistake!

The Beach Volley Ball Tournament was awesome: Destroying the Sand Dunes for the Event was a huge mistake!

 

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Lets face it, anyone who went to watch the beach volley ball tournament the last weekend of Semana Santa over on San Francisco beach had to be impressed. Even though I was teaching a sailing course and only got out to see the finals on Sunday I thought the players

USA Canada 2
Brandy prepares a set

were top notch and the event seemed well run. The only complaint that I could find was the announcer. He seemed a bit annoying to me in the way he called the matches. On Saturday, the day that I missed I was told by Ines and several others that the announcer was essentially in love with one of the Canandian players. La Brandy. Actually on Sunday the girls in our group started yelling out the name

P1780622Gonazles
Gonzales spikes on Team U.S.A.

of one of the men players from the Cuban team, Gonzalez, to counter act the announcers love for Brandy! It

was all in good fun but really a bit unprofessional on the announcer but all in all this event was great for San Carlos.

 

Now here is the not so great stuff. While I was sitting there listening to the announcer and several vociferous men in the crowd declare their undying love for the Canadian Brandy and the girls in our section screaming their support for the Cuban Gonzales, I thought to myself as I sipped a 20 peso tecate light:

I don’t remember the beach being so perfectly flat over here.

And guess what; it wasn’t, the sand dune area were they had the event was bull dozed. The city of Guaymas has now been formally charged by PROFEPA, Mexico’s version of the EPA for destroying the Sand Dune. It actually is worse than that since a confidential source of ours tells me that PROFEPA knew in advance that the City of Guaymas was preparing to bull doze the sand dune for the event. Because of a bribe PROFEPA agreed to look the other way while the bulldozer flattened the area with the full knowledge that the city would have a law suit filed against it for doing what they did after the event was completed. Who paid the bribe is a good question. Was it the city or the event organizers both or neither? That is something we will probably never know but we will continue to follow the law suit and find out how it ends. It will certainly end with the City of Guaymas paying some kind of fine.

 

Why didn’t Lorenzo De Cima, the mayor of Guaymas simply have the event over at Algodones Beach where there was already plenty of flat sand and no need to bring in a bulldozer and destroy a perfectly stabilized sand dune full of native plants? Only Lorenzo can answer that question and I don’t think anyone in the local Mex Media will be asking that soon but Megacable Noticias have reported that the city is planning on putting the sand back in place. Pushing a bunch of sand around will be relatively easy. What will not be so easy is replacing the native plants and bushes that stabilized that sand dune.

 

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