I ask Funkhouser if she believes Kessler has a conflict of interest in the case. "Probably," she says, "but I'm not fighting on that basis. All I want them to do is follow the rules. If they can get a maintenance assessment district that way, then fine. But when I bring up the rules, the whole City ignores me. I sent copies of all my correspondence to Kessler's superiors -- William Anderson, Jim Waring, the mayor -- and I got no answers. So it looks like they all support his approach. I ran across a funny legal term recently -- 'willful blindness.' That's what this is."
On Wednesday of last week, the Greater Golden Hill Community Development Corporation held a public information meeting at the Albert Einstein Academy in South Park. Councilman Hueso attended and answered most of the questions, which he requested be submitted ahead of time in writing. Cindy and Ed Funkhouser sat in the back row holding up signs expressing their point of view. As the meeting started, they shouted down the speakers until other attendees shouted them down.
The following day, I received an e-mail from Cindy Funkhouser. "I just didn't want the whole time...to be wasted on powerpoints and bureaucratic bull. So, I decided to go on the offensive immediately. My mamma didn't raise me that way, but sometimes you just have to shoot first.
"And, a lot of people haven't spent the kind of time I have spent becoming aware of the fraud, so I understand that they are open to the possibility that this might be fair and honest. It's too late for decorum, for me."
Meanwhile, Scott Kessler sent one more letter. He sympathized with Funkhouser as being "uninitiated" in the relevant laws. He then argued that the "MAD Formation Handout" "is not the Municipal Code or Council policy." But even the council policy Kessler uses to support his position directs a mixed-use or residential district start-up to follow the Park and Recreation protocol, which includes the 30 percent approval. The policy says that Kessler's Economic Development Division is to handle commercial districts.
According to attorney Hal Tyvoll, by processing a mixed-use or residential district, "Kessler is inventing his own policy, de facto, which omits all the spending restrictions and safeguards for public participation."