The October Surprise In The San Bernardino City Attorney’s Race

By Michael Reiter, Attorney at Law

First, a disclaimer:  this site is neutral as explained in the post “Why We Try To Keep Partisan Politics Out of These Postings“  These postings are provided as a community service, and not to push a particular candidate, or slate of candidates.

There is a memorandum on the Internet that purports to be a memorandum from a department head to the City Attorney, with carbon copies to a variety of people in the City Attorney’s Office.   I have this to say, I have read the writing of many engineers, and many attorneys, and the memorandum reads as if an attorney wrote it.  Note the memorandum is dated October 11, 2011, but came to light on October 28th.  Consider who might have released it to the press and blogs.

However, it is the very definition of an October Surprise: an attempt to release something in late October to influence an early November election.  We will have to see what effect, if any, it has on the election.  Probably none, because voters probably made up their minds a long time ago.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Address : 1255 W. Colton Ave., Suite 104
                     Redlands, CA 92374
Telephone: (909) 708-6055

William Valle for San Bernardino City Clerk Mailer

By Michael Reiter, Attorney at Law

San Bernardino City Clerk Candidate William Valle recently sent an envelope with a first-class stamp and a hand-written return address.  Inside the envelope was a photocopied, two -sided piece of paper, cut by hand with scissors.  The paper was in English on one side and in Spanish on the other side.  The sheet I obtained was roughly 7 1/2 by 4 inches.

The English side says:

Candidate Biography
William Valle for City Clerk
VOTE NOVEMBER 8,2011
“A Clerk that Works”
Personal Information
• San Bernardino Ward 7 resident for 7 years
• Current Occupation: Public Transportation Clerk, Omnitrans
• Education: Student, Cal State San Bernardino
Major: B.S. in Business Administration with a concentration in Information
and Decision Sciences
• AA in Business Administration from SBVC
• Former Marine 1999-2003, Platoon Leader Combat Communications
Operation Iraqi Freedom, 2003
Issues Summary
Transparency
Post all correspondence, transcripts, minutes, etc. on the city
website within 72 hrs after occurrence.
Provide city data and statistics on city website.
Accountability
Re-evaluate the scope ana duties of the office to ensure that the
City Clerk’s mission is being achieved.
Enforce discipline during City Council meetings to streamline
operations and reduce acrimony.
Reputation
Promote the benefits of living in San Bernardino.
Advocate for responsible Charter Reform.
Personal Statement
The city of San Bernardino for too long has had a tarnished reputation
in the Inland Empire. This must change! It’s time to promote
the working family values that are the cornerstone of San Bernardino
City life. This is my charge: I will work together with the
Mayor, City Council, City Manager, and City Attorney to dutifully
fight for transparency and accountability to improve our city’s
standing in the county.
VOTE FOR WILLIAM VALLE
GENERATED IN HOUSE
(909) 486-5636
wvalle_a@yahoo:com

The Spanish side is similar, except there are a few differences (ignoring translation issues and idioms):  Starting from the bottom: the Spanish side gives his website, www.valleforsbcc.com, and lacks “Generated In House.”  In the Personal Statement section, the English, after “This must change” says “It’s time to promote the working family values that are the cornerstone of San Bernardino City life.”  After the same sentence translated in Spanish,  a different sentence appears: “Durante esta hora oscura, se extraerá  la comunidad para salvar nuestra ciudad y mejorar nuestra posicíon en el Inland Empire.”   A very bad translation from Google translate: “During this dark hour, they draw the community to save our city and improve our position in the Inland Empire.”

In the Reputation section, in English it says “Promote the benefits of living in San Bernardino” and “Advocate for responsible Charter Reform.”  The Spanish section omits the “Promote the benefits of living in San Bernardino” and only has the advocate for responsible Charter Reform, rendered as “Defensor de la reforma de carta responsable.”

In the Transparency section, in English it says “Provide city data and statistics on city website.”  In Spanish, it substitutes “Incorporar nuevos medios (Facebook, Twitter, Youtube, etc.) en la Officina del Secretario.” which roughly translates to “Incorporate new media (Facebook, Twitter, Youtube, etc.) in the Clerk’s Office.  The personal information is shortened in Spanish, as well (for example, it just says Student at Cal State San Bernardino, while in English it says “Student, Cal State San Bernardino Major: B.S. in Business Administration with a concentration in Information and Decision Sciences.”

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Address : 1255 W. Colton Ave., Suite 104
Redlands, CA 92374
Telephone: (909) 708-6055

San Bernardino Voter Registration Today Versus Voter Turn Out in November 2007 or 2006

By Michael Reiter, Attorney at Law

The San Bernardino Registrar of Voters has a District County Summary, last updated 10/23/2011.

The City of San Bernardino has 72,976 registered voters, of which 26,482 are permanent vote by mail (36.3%).  San Bernardino City Unified School District has 87,987 voters, of which 31,864 are permanent vote by mail (36.2 %).

The Third Ward of the City of San Bernardino has 8,875 voters, of which 3,080 are vote by mail (34.7%).  The race is nonpartisan, but registered Democrats (4,312) outnumber Republicans (2,519)  almost two to one.  There are also 1,685 decline to state (nonpartisan) voters.

Using the November 2006 election, since Tobin Brinker ran unopposed in 2007:

CANDIDATE

VOTES

PERCENT

TOBIN BRINKER 1344 51.38%
GWEN TERRY 843 32.22%
RANDY LALLY 411 15.71%
Write-In 18 0.69%

That’s 8,875 voters in 2011, with 2,616 votes in November 2006, a 29.5 percent turn-out.

The Fifth Ward of the City of San Bernardino has more than five thousand more voters than the Third Ward.  There are 14,062 registered voters, 5,925 are Democrats, 4,897 are Republicans, and 2,599 are decline to state.  There are 5,166 permanent vote by mail voters, 36.7 percent of the total voters in the Ward.  The Fifth Ward has the most number of voters.  That could be because the Wards were drawn in the early part of the last decade to have the same number of residents.  However, the Fifth Ward has provided most of the growth in new homes.

COUNCIL MEMBER – CITY OF SAN BERNARDINO WARD 5
Vote For 1

17 of 17 Precincts Reporting

CANDIDATE

VOTES

PERCENT

CHAS A. KELLEY 1638 59.80%
CAROLYN A. TILLMAN 596 21.76%
RICK AVILA 417 15.22%
RANDY LEE 85 3.10%
Write-In 3 0.11%

Voter registration in the 5th Ward is 14,062, and turn out in 2007 was 2379, or 19.5 percent of today’s registration.

The Seventh Ward of the City of San Bernardino has the third highest number of voters by ward (after the Fifth and the Fourth).  There are 11,398 voters, of which 4,273 are permanent vote by mail (37.5).  There are 4,871 registered Democrats, 4,010 registered Republicans, and 2,027 decline to state voters.

Here is the 2007 data:

COUNCIL MEMBER – CITY OF SAN BERNARDINO WARD 7
Vote For 1

20 of 20 Precincts Reporting

CANDIDATE

VOTES

PERCENT

WENDY J. MCCAMMACK 1510 53.15%
JIM MULVIHILL 1057 37.21%
PAUL W. SANBORN 261 9.19%
Write-In 13 0.46%
That’s 2,841 votes in 2007.  There are 11,398 voters today, so if the same number voted today as four years ago, that’s 24.9 percent of today’s registration.
What about Clerk and City Attorney.  Different candidates in 2007 (except for the presences of City Attorney James F. “Jim” Penman, but two contested elections.
In the San Bernardino City Attorney’s election:
ATTORNEY – CITY OF SAN BERNARDINO
Vote For 1

120 of 120 Precincts Reporting

CANDIDATE

VOTES

PERCENT

JAMES FRANK ”JIM” PENMAN 7001 51.46%
MARIANNE MILLIGAN 6557 48.20%
Write-In 47 0.35%
13,605 votes were cast for City Attorney in 2007.  Today’s voter registration in San Bernardino is 72,976, or 18.6 percent of the total amount of voters registered in 2011 voted for City Attorney.
In contrast, 30,472 votes were cast in the Measure C election, but that was held in conjunction with other elections.
In the Clerk’s race in 2007:
CANDIDATE

VOTES

PERCENT

RACHEL MENDOZA CLARK 8849 65.45%
JOSEPH JAMES LEE TURNER 4617 34.15%
Write-In 55 0.41%
13,521 votes were cast for City Clerk in 2007.  That’s roughly the same numbers seen in the City Attorney’s race.
Address : 1255 W. Colton Ave., Suite 104
                     Redlands, CA 92374
Telephone: (909) 708-6055

A Look At Voter Registration in the San Bernardino Election November 2011

By Michael Reiter, Attorney at Law

The San Bernardino Registrar of Voters has a District County Summary, last updated 10/23/2011.

The City of San Bernardino has 72,976 registered voters, of which 26,482 are permanent vote by mail (36.3%).  San Bernardino City Unified School District has 87,987 voters, of which 31,864 are permanent vote by mail (36.2 %).

The Third Ward of the City of San Bernardino has 8,875 voters, of which 3,080 are vote by mail (34.7%).  The race is nonpartisan, but registered Democrats (4,312) outnumber Republicans (2,519)  almost two to one.  There are also 1,685 decline to state (nonpartisan) voters.

The Fifth Ward of the City of San Bernardino has more than five thousand more voters than the Third Ward.  There are 14,062 registered voters, 5,925 are Democrats, 4,897 are Republicans, and 2,599 are decline to state.  There are 5,166 permanent vote by mail voters, 36.7 percent of the total voters in the Ward.  The Fifth Ward has the most number of voters.  That could be because the Wards were drawn in the early part of the last decade to have the same number of residents.  However, the Fifth Ward has provided most of the growth in new homes.

The Seventh Ward of the City of San Bernardino has the third highest number of voters by ward (after the Fifth and the Fourth).  There are 11,398 voters, of which 4,273 are permanent vote by mail (37.5).  There are 4,871 registered Democrats, 4,010 registered Republicans, and 2,027 decline to state voters.

 

Address : 1255 W. Colton Ave., Suite 104
                     Redlands, CA 92374
Telephone: (909) 708-6055

San Bernardino City Unified School District Campaign Flier Roundup 2

By Michael Reiter, Attorney at Law

Once again, a preface: Why We Try To Keep Partisan Politics Out of These Postings. These posts are provided as a public service  to inform the voting public about who is running and what they are saying.  If the material is received, this site posts and comments about the campaign material.

The San Bernardino City Unified School District fliers have come in an avalanche, so much that it is hard to keep up.

Here is what we have since the last time:

Teresa Parra Craig has sent her second mailer: Here is the front, here is the back.  Her mailer has a Claremont postage permit.

The San Bernardino Teachers Association has sent two mailers: Here is the back and front of the second mailing; here is the front and the back of the first mailing.  They have endorsed Sharon “Bobbie Perong, Juan M. Lopez, Margaret Hill and incumbent Lynda K. Savage.

An organization calling itself “San Bernardino Parents for Great Schools” has sent out a mailer, here is the front and the back. I have no idea who that is, the only thing that turns up on a web search is a firm called JMR Strategic, which claims that San Bernardino Parents for Great Schools is a client.  JMR Strategic is a San Francisco firm that claims to be a “strategic communications firm focused on public affairs, public relations, politics, and media. JMR Strategic excels in challenging situations where government, politics, and media intersect. Every client served receives hands-on strategic communications direction led by senior-level talent.”

Incumbent Lynda K. Savage sent out a second mailer consisting of four color pages; here is page one, two, three and four.

Challenger Juan M. Lopez sent out a flier, here is the front and the back.

Incumbent Elsa K. Valdez sent out a mailer, her first, here is the front, here is the back.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Address : 1255 W. Colton Ave., Suite 104
Redlands, CA 92374
Telephone: (909) 708-6055

San Bernardino City Unified School District Election 2011: Candidate Willard A. Hughes Speaks

By Michael Reiter, Attorney at Law

I have heard from some of the candidates who are running for election in the November 8, 2011 election.  Some are solely because of this site; I have heard from one San Bernardino City Clerk candidate, two San Bernardino Unified School District candidates, one candidate for San Bernardino City Council, and one current member of the San Bernardino City Council.  I also have had contact with other candidates during the election, but not related to this site: two candidates for San Bernardino City Council, one candidate for City Clerk and one candidate for San Bernardino City Attorney.

This site is neutral, as I explained in the post “Why We Try To Keep Partisan Politics Out of These Postings“  These postings are provided as a community service, and not to push a particular candidate, or slate of candidates.  Informed voting and participation, if informed, is crucial to the workings of democracy.  Look at a public agency like the San Bernardino International Airport, a public entity wherein no one is directly elected.

On that note, here is a comment left on my post about “The San Bernardino City Unified School District Election November 8, 2011.”   It is from candidate Willard A. Hughes.  I invite any candidates (using their real names only) that have comments on the posts or the observations on this site to talk to me or post a comment.  Willard A. Hughes left this comment:

Mr. Reiter, I was led to your informative blog by Facebook’s page analysis tool. Someone apparently clicked on your link to my Facebook campaign page, and Facebook picked up on it.

In any event I wanted to clarify a point you made in this post. The Registrar of Voters has very strict requirements about what can be used as a “ballot designation.” In my case, this time around, there was not any description I could have used that would have been relevant to my campaign, so I decided not to fill in anything at all. The candidate statements are published at the candidate’s expense — to the tune of a few thousand dollars. I’m doing well if I have a few pennies left over at the end of the day, so that was out of the question.

You have probably also noticed (if you pay attention to these things) that you don’t see any billboards, lawn signs, or junk mail floating around town with my name on it. That is also intentional. Folks in San Bernardino are struggling to make ends meet, and I’m not about to go around begging them to give me money so I can go waste it on uninformative lawn signs or on oversize postcards that typically go straight from mailbox to gutter.

I’m a father of four kids who attend San Bernardino schools and I taught in the district in 2007-08. I had a principal who needed another math teacher, and I was a non-tenured Cadet Corps teacher, so she replaced me. Since then I have been mostly among the millions of unemployed Southern Californians, except for the year and a half of respite I had working for the Census Bureau and a more recent six-month stint as a uniformed security officer. (That gig ended when my car decided it needed a new engine; the job was in Palm Springs and Omni doesn’t go that far.) So I can relate to the plight of the out-of-work, working-class families whom we have so many of in our district. I have learned very well over the last three years to do more with less. That experience and a dose of common sense is precisely what the school board needs to get this district back on its feet and back in the business of truly educating our students. My Facebook campaign page, which I hope you’ve had a chance to check out, lays out some of my specific objectives for the Board.

Your posts here are insightful, informative and valuable. Thank you for providing this service to our voters, and feel free to publish any or all of what I’ve written here — and/or to contact me with any questions or concerns.

Willard A. Hughes

If you want to find out more about candidate Willard A. Hughes or any other school board candidate, here is the contact information from the earlier post:

Damon L. Alexander, Law Enforcement Officer, Website, Facebook, Email,

Anna M. Cox, Community Volunteer, No online contact information.

Dan Deane, Retired Police Officer, Facebook

Mike Gallo, CEO/Aerospace Executive, No online contact information.

Margaret B. Hill, Assistant Superintendent, FacebookEmail, Phone Number from campaign postcard: 909-820-6177)

Willard A. Hughes, No Ballot Designation, Facebook, Email, Phone Number (from public Facebook: 909-251-8559)

Juan M. Lopez, Assembly District Director, Website. He has a Facebook profile, but strangely you must login to see the profile.

Gil Navarro, Education Advocate, Phone Number (from postcard: (909) 888-4870), Email

Henry William Nickel, Financial Analyst, no online contact information for this election.

Teresa Parra, Board Member, San Bernardino City USD,  FacebookWebsite, Phone Number (from website) (909) 425-2219, Email.

Sharon “Bobbie” Perong, Educator/Parent, Facebook, Phone Number (from campaign flier): (909) 553-5992, Email.

Lynda K. Savage, Incumbent, Website, Email.

Elsa Valdez, College Professor, Website, Phone Number (909) 880-0236 (from door hanger), (909) 534-5643 (from website), Email, Facebook.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Address : 1255 W. Colton Ave., Suite 104
                     Redlands, CA 92374
Telephone: (909) 708-6055

The Politics of Undervoting

By Michael Reiter, Attorney at Law

Undervoting is where a voter does not record a preference for a particular race, or in the case of a race, like the San Bernardino City Unified School District race, a “pick four” election, someone votes for less candidates than open positions.

Why would someone intentionally undervote, versus misunderstanding the instructions or being confused by the ballot?  One is as a protest vote.  For example, in the race for San Bernardino City Treasurer, there is one candidate running, incumbent David Kennedy.  Thus, the voter has a choice:  Undervote by leaving that portion of the ballot blank, write-in a name, or vote for the sole person running.  The motives for intentional undervoting in this situation could be as a protest against the only person voting, lack of interest in the election (say, someone who is interested in voting for City Attorney, but not the other races), or because the voter does not feel qualified in voting in the election.

There may be a strategy in undervoting in a “pick four” race.  If you are a strong supporter of one candidate, you may dilute your vote if you vote for three other candidates.  If you favor just one individual candidate in such a situation, strategically, you might undervote.  But doing so dilutes your choice of the rest of the Council or Board.

Address : 1255 W. Colton Ave., Suite 104
                     Redlands, CA 92374
Telephone: (909) 708-6055

Attack Mailers: City Attorney James F. Penman versus David McKenna

By Michael Reiter, Attorney at Law

First, a disclaimer:  this site is neutral as explained in the post “Why We Try To Keep Partisan Politics Out of These Postings“  These postings are provided as a community service, and not to push a particular candidate, or slate of candidates.

The United States Postal Service has been busy.  We have arrived at the point in the campaign when the negative mailers have replaced the ads that focus on the candidate sending the mailers touting their achievements.  I am not using “attack” as a pejorative. Election politics is about pointing out the differences among the candidates, not just the positives of each candidate.  The reader can judge whether these mailers are fair or unfair.

Two fliers from David McKenna arrived to one Jim Penman mailer, so I’ll present them in a McKenna – Penman – McKenna format.  Again, these are posted as a community service, and not to push either candidate.

The second mailer from David McKenna is a  single sheet, glossy, two-sided heavyweight piece of paper.  Here is the front, here is the back.

City Attorney Jim Penman has sent his fourth mailer, though it says it is from the San Bernardino Police Officers Association, it also says it is paid for by Jim Penman for City Attorney 2011, so it is treated as a Jim Penman mailer.   Here is the front, here is the back.

The third mailer from David McKenna has the same color scheme as the second mailer.  Here is the front, here is the back.

These fliers will be discussed at greater lengths another time.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Address : 1255 W. Colton Ave., Suite 104
                     Redlands, CA 92374
Telephone: (909) 708-6055

The San Bernardino City Clerks Since the 1905 Charter

By Michael Reiter, Attorney at Law

The San Bernardino City Clerk’s Race is not getting very much attention from the local press, unless it involves political intrigue between the warring factions at San Bernardino City Hall.  That aspect of it is not very interesting, and is not very helpful for voters to find out information about the race.  It seems our local publications are more scandal sheets than serious attempts at journalism.

This blog has not been asked, nor has it endorsed any candidate in this election.  This blog is neutral, as explained in the post “Why We Keep Partisan Politics Out of These Postings.

To give the voter some historical perspective, there have been just seven San Bernardino City Clerks since 1903, when Harry Allison became City Clerk for the pre-Charter City of San Bernardino.  The original 1905 Charter of the City of San Bernardino kept the existing City Clerk until the 1907 election.  Harry Allison won that first City Clerk’s election, and served until 1911, when S.G. Batchelor became City Clerk.  John H. Osborne became City Clerk in the next election in 1915, and served as City Clerk until at least 1950.  In 1951, Jack Felton was elected City Clerk.  He served at least until 1970.  In 1971, Deputy City Clerk Lucille Goforth was elected as City Clerk.  She served until the late 1970s.  In 1979, Shauna Clark was elected City Clerk.   Rachel Mendoza Clark was elected City Clerk in 1991, and again in 1995, 1999, 2003, and 2007.  She is now retiring, and one of the following will be elected City Clerk, only the eighth City Clerk since 1903: William Valle, Amelia Sanchez-Lopez, Gigi Hanna, Esther Jimenez, or Peggi Hazlett.  I would expect any of the candidates, if they win, to be in office for four or five terms, so it is important that voters examine the candidates and their positions.  Should the next City Clerk serve four terms, the time period between 1903 and 2028 (125 years), there will have been only eight City Clerks, an average of only one City Clerk for every 15.625 years.

Voters decided by an overwhelming percentage that they wanted to vote for City Clerk.  Make sure to make an informed decision on the candidate, as voters have only changed City Clerks six times since 1903.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Address : 1255 W. Colton Ave., Suite 104
                   Redlands, CA 92374
Telephone: (909) 708-6055

Peggi Hazlett for San Bernardino City Clerk Mailer Number One

By Michael Reiter, Attorney at Law

City Clerk Candidate Peggi Hazlett has sent her first mailer, or at least the first that I have obtained.  Here is the front of the mailer, here is the back of the mailer.

It is a large postcard.  The front has a large portrait of Peggi Hazlett standing next to an American Flag.  The front has blue borders on the top and bottom with white stars.  The words accompanying the portrait are “VOTE PEGGI HAZLETT SAN BERNARDINO CITY CLERK” and “TUESDAY NOVEMBER 8, 2011″.  Below is the curious statement “FIRST PUNCH ON CITY CLERK BALLOT” with a checked check box next to it.  The check box motif is very common on political fliers, even though the proper way to mark your ballot is a black ink line.  However, to use the word “punch,” which brings up images of hanging chads seems strange for a candidate running to be the City of San Bernardino’s chief election officer.

On the back of the postcard, the top has the same Peggi Hazlett logo as on the front, and checks next to “Hard Working Professional,” Transparent and Independent,” Non-Political / Non-Partisan,” and “Accountable to the Residents of San Bernardino”, as well as “EXERCISE YOUR RIGHT TO VOTE – NOVEMBER 8, 2011″ in red letters.

The left side of the back of the postcard is in the form of a letter from Peggi Hazlett.  It reads, in its entirety:

As a longtime San Bernardino resident, former business owner, and currently the Assistant to the Mayor, I am committed in keeping the elected City Clerk a non-political position focused on city issues and the betterment of our community.

I have been a city employee for over 14 years and have the professional qualifications and experience with the structure and internal workings of the city and will bring consistency and continuity to the office of City Clerk.  I will be focused and prepared to handle the administrative tasks from day one.

I understand the need to be accountable to you, the resident, and when elected as City Clerk, I will continue to work hard to ensure that your interests are protected and preserved.

Finally, as a parent raising young children in our city, I understand the concerns of the constituents in the City of San Bernardino and will continue to serve you as your elected City Clerk.  I respectfully request your vote on November 8th!

Peggi

For those looking at the race for the first time, there are five candidates looking to be the next San Bernardino City Clerk, replacing retiring San Bernardino City Clerk Rachel Mendoza Clark.  They are Gigi Hanna, Esther Jimenez, Amelia Sanchez-Lopez, and William Valle.  An overview of the race can be found here.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

Address : 1255 W. Colton Ave., Suite 104
Redlands, CA 92374
Telephone: (909) 708-6055
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