- Posted September 16, 2012 by
San Diego, California
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Calpers Constitutional Law Violation
This matter is of extreme urgency.
I like to request a investigation on Calpers Comm. Property Unit for violating the California Constitution Article 1 Section 3 (a),(4), and the 14 Amendment of the U.S Constitution Section 1, Rights Guarantee & Due Process.
Calpers ( California Public Employee's Retirement System) Comm. Property Unit violate my rights of Due Process and liberty by holding and later divide my Industrial Disability Retirement Allowance without any court order, and giving the other party full power to control that allowance , violating my Due process and my liberty to control my property ( in this case allowance, money). This procedure by Calpers Comm. property Unit place me on a very bad financial situation and furthermore making me homeless, because this was my only source of income.
What happen to my Right of Due Process ? My equal Protection Under the Law?
What is the principal fundamental of Du Process? " Fairness " Calpers Comm. Property Unit was Fair? They violate that process.
The procedural Due Process which the principal fundamental is " Fairness " addresses which legal procedures are required to be followed in States proceeding. Calpers Comm Property Unit was not Fair with me. They also violates the Substantive Due Process, based on principal of " Fundamental Fairness" to evaluate whether a Law can fairly be applied by State at all, regardless of the procedure followed.
Calpers Comm. Property Unit did not follow this procedure. They used the California Family Code Section 755 ( see attach). California Family Code 755, does not say anything about " holding or divide nor give full power to the other party, to control the property, and even if this Law ( rule) permitted Calpers Comm. Property Unit to hold or divide , they didn't look if the Law was Fair. Violating my rights.
Back to the Constitutionality of Calpers Comm Property Unit holding and divide any property without court order.
The 14 Amendment to the U.S Constitution, Section 1 and the California Constitution Article 1,
" Neither the Federal Government nor State Government may deprive any Person, of Life, Liberty, or Property without Due Process of the Law "
The Due Process clause requires that every man shall have the protection of his day in court, and the benefit of general Law, a Law which Hears, before it condemns. Which proceeds not arbitrary or capriciously but upon inquiry and renders judgment only after trial, so that every citizen shall hold his life, liberty, property and immunities under the protection of the general rule which govern society.
Calpers Comm. Property Unit don't have to fallow this rule, law ? They violate my Due Process rights by taking, holding and divide my property ( allowance) without any court order.
Calpers Comm. Property Unit ( government ) in this case is punishing me , they took way property and liberty ( given the power to control the property to the other party) without appropriate government justification, regardless of the procedures used to do the taking.
The State Legislators has to comply whit these rights. That means the Committee that obverses Calpers, in this case " Committee of Public Employees Retirement " which the Chair is Senator Gloria N. Leod , and in the Assembly ,is Assembly Member Michael Allen ,Chair in the Committee, they have to make sure Calpers Comm. Property Unit comply with the Constitution Rights which they violate.
If this Committees or any State Agency don't force this rules, the Federal Courts have the authority to intervene, because Calpers Comm. Property Unit threatened fundamental rights of it's citizens, and one of the most important doctrines flowing from this is the application of the Bill Of Rights to the States through the Due Process Clause.
That's why I requested a investigation in to Calpers Comm. Property Unit for violation of the Constitutional Rights , my and the others . I like to talk about a proposal which provides remedies for inequitable unfair or discriminatory benefit.
Thank you for your time.
Marco A Garcia