William Valle | Michael Reiter, Attorney at Law Blog

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

Filed under Charter, City Attorney, City Clerk, City of San Bernardino, Elections, San Bernardino City Clerk Tagged with Amelia Sanchez-Lopez, Esther Jimenez, Gigi Hanna, James F. "Jim" Penman, Peggi Hazlett, San Bernardino City Attorney, San Bernardino City Clerk, William Valle

The San Bernardino City Clerk’s Race in 2011: An Overview and Recap

October 17, 2011 Leave a comment

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.“

There have been a lot of posts about Gigi Hanna on this site, and the reason is that Gigi Hanna sent the first mailer of the election season, and the second mailer that was not piggy-backed upon another candidates mailer, and forwarded her video campaign profile . Amelia Sanchez-Lopez, a very nice person who I met for the first time after the City Clerk Forum at San Bernardino City Hall, has been mentioned in connection with the first and second mailer sent by or on behalf of San Bernardino City Attorney James F. Penman. I have never met Esther Jimenez, but she is running a very strong race in fundraising, with $4,202.19 in cash on hand after the first reporting period on September 24, 2011. I worked at the City of San Bernardino as a Deputy City Attorney at the same time as Peggi Hazlett, but our paths rarely crossed. The only thing I know about William Valle is what I have seen in his campaign materials and at the City Clerk Forum.

I haven’t written anything about the fliers from Esther Jimenez says she printed because I haven’t received any from the Jimenez campaign. Similarly, I have not received anything from Peggi Hazlett nor William Valle.

This site also had analysis of the campaign finance disclosures. First, there was an overview of the Form 460s filed in the race. Then there was a look at who was donating to each candidate.

There was an analysis piece on this site called a Closer Look at the November 2011 City Clerk’s Election. There was an analysis of possible legal issues of having a joint campaign sign after I saw the first joint Amelia Sanchez-Lopez, City Attorney James F. Penman sign.

There was also a list of contact information for each of the candidates, which I will reproduce here:

City of San Bernardino City Clerk

Georgeann “Gigi” Hanna Facebook, Website, Phone Number from Public Facebook Page: 909-709-2019, Email.

Peggi Hazlett: Facebook.

Amelia Sanchez-Lopez: Website, Facebook, Phone number (from Jim Penman’s mailer #2) (909) 882-7085, Email.

William A. Valle: Website, Facebook, Phone Number from Public Facebook Page: (909) 486-5636, Email.

Esther Jimenez: Facebook, Email.

As of October 17, 2011, comparing their Facebook pages, the only thing all five have in common:

Gigi Hanna has 40 likes, Peggi Hazlett has 14 likes, Amelia Sanchez-Lopez has 2 likes, William Valle has 39 likes, and Esther Jimenez has 54 likes. You cannot read anything into this for a few reasons. One, social media likes can be from out of City friends and family. Second, Amelia Sanchez-Lopez has a lot of visibility from her connection with City Attorney Jim Penman, yet has only recently added a Facebook page.

Esther Jimenez has some advantages in this race, she has enough money for direct mail (though, the time for sending direct mail is ticking because early voting started last week), she has political experience working for Assembly Member Wilmer Amina Carter, and she is endorsed by City Council Member Virginia Marquez. Amelia Sanchez-Lopez, in the balance, gains from being associated with City Attorney James F. Penman. Gigi Hanna has run a good race so far from being virtually unknown before the election by putting issues of independence, experience in the functions of the clerk’s office such as the California Public Records Act, and very wisely taking some City Clerk’s training. She also obtained the San Bernardino Sun’s endorsement (which can be a positive or negative, depending on one’s view of the Sun). Peggi Hazlett has been around for a long time, so she may benefit from name recognition. However, her only expenditures as of September 24, 2011 were the filing fee and the ballot statement.

Right now, based on the information presently available, there will be a run-off of the top two candidates, and right now, those top two will come from the following three: Amelia Sanchez-Lopez, Esther Jimenez and/or Gigi Hanna.

Address : 1255 W. Colton Ave., Suite 104

Redlands, CA 92374

Telephone: (909) 708-6055

Filed under California Public Records Act, Charter, City Attorney, City Clerk, City Council, City of San Bernardino, Elections, Political Reform Act, San Bernardino City Attorney's Office, San Bernardino City Clerk Tagged with Amelia Sanchez-Lopez, Esther Jimenez, Gigi Hanna, James F. "Jim" Penman, Peggi Hazlett, San Bernardino City Attorney, San Bernardino City Clerk, William Valle

League of Women Voters of California Education Fund Smart Voter Profiles

October 17, 2011 Leave a comment

Third Ward Council Member Tobin Brinker;

According to its website:

The League of Women Voters of California Education Fund conducts our voter service and citizen education activities. It is a 501(c)(3) corporation, a nonpartisan non-profit educational organization, which:

Builds citizen participation in the democratic process.

Studies key community issues at all government levels in an unbiased manner.

Enables people to seek positive solutions to public policy issues through education and conflict management.

The League of Women Voters of California Education Fund has a website called Smart Voter ®. On that website, they have all the local San Bernardino County races in one place.

This is a good way for the candidates to put out information about their candidacy in a place that has the trappings of neutrality. Putting up a profile also works as good search engine optimization of the candidates main website. As of today, October 17, 2011, the following candidates have put up profiles at the site:

City of San Bernardino races

Seventh Ward Challenger James L. “Jim” Mulvihill;

City Clerk Candidate Peggi Hazlett.

San Bernardino City Unified School District Candidates:

Anna M. Cox;

Gil Navarro;

Daniel William Deane;

Elsa Valdez.

These are the only candidates that have completed profiles. It appears that all the candidates were invited to fill out profiles, and that it does not cost the candidate any money to submit the profiles.

Address : 1255 W. Colton Ave., Suite 104

Redlands, CA 92374

Telephone: (909) 708-6055

Filed under Charter, City Attorney, City Clerk, City Council, City of San Bernardino, City Treasurer, Elections, Municipal Law, San Bernardino, San Bernardino City Attorney's Office, San Bernardino City Clerk, San Bernardino City Unified School District Tagged with Amelia Sanchez-Lopez, Anna M. Cox, Chas Kelley, Damon L. Alexander, Daniel William Deane, David C. Kennedy, Elsa Valdez, Esther Jimenez, Gigi Hanna, Henry William Nickel, James F. "Jim" Penman, John Valdivia, Juan M. Lopez, Larry A. Lee, Lynda K. Savage, Margaret Hill, Mike Gallo, Peggi Hazlett, Rikke Van Johnson, San Bernardino City Attorney, San Bernardino City Clerk, Sharon "Bobbie" Perong, Teresa Para, Wendy McCammack, Willard A. Hughes, William Valle

The San Bernardino City Clerk’s Race: Who is donating to Esther Jimenez, William Valle, Amelia Sanchez-Lopez, Peggi Hazlett and Gigi Hanna?

October 15, 2011 Leave a comment

The City Clerk’s race is getting very little exposure from the major newspapers in the area, so here is follow-up to the earlier post on the giving and spending in the race.

Date Rec’d	Name and City	Occupation/Employer if Ind.	This Period
Peggi Hazlett
7/18/2011	Tjaarda Dairy, Shafter, CA	[Loan, no interest, due 12/31/2011]	10,000
		Total contributions this election	$10,000
Esther Jimenez
7/11/2011	Linda Lawson, Perris	Self-Employed, Lawson Business Services	100
7/13/2011	Roxanne Cochran, SB	Human Resources Analyst, SB County	100
7/19/2011	Arrowhead Credit Union	[Commercial Loan, 9.9% rate, no due date]	3,800
7/20/2011	Robert McBay, SB	Executive Director, Lighthouse for the Blind	200
7/22/2011	Tom Rivera, Grand Terrace	Associate Dean, Educational Support, CSU San Bernardino	200
7/29/2011	Alex Alonzo, SB	Retired	100
7/29/2011	Marie Alozo, SB	Retired	100
8/4/2011	Marsha Engelman, SB	Administrative Assistant, Riverside County	100
8/4/2011	Jerry Casillas, SB	Self-employed, RLC Property Mangement	100
8/4/2011	Virginia Marquez, SB	City Councilmember, SB [Nonmonetary: Catering]	315
8/5/2011	Wilmer Amina Carter for Assembly		500
8/8/2011	Barbara Stanfield, Upland	Chiropractor, LaLama Chiropractic Offices	100
8/13/2011	Gloria Harrison, SB	Administrator, Crafton Hills College	100
8/19/2011	Richard Gonzales, Redlands	Retired	1,550
8/22/2011	Catherine Macias, Loma Linda	Lead Kitchen Supervior CNS Redlands Unified	100
8/23/2011	William Aguilar, SB	Retired	100
8/25/2011	James Ramos, Highland	Community College Board Member, SBCCD	1,000
8/27/2011	John Jimenez, Rancho Cucamonga	Warehouseman, Coca-Cola	225
8/28/2011	Judy Galloway, Santa Maria	Secretary	100
9/1/2011	Robert Armenta, Jr., Colton	Vice President, PPOSBC	500
9/10/2011	Trinidad Jimenez, SB	Retired	100
9/13/2011	Donald Gee, Redlands	Self-employed	100
9/13/2011	Estella Botello, Calimesa	Retired	200
9/13/2011	Tramy Nguyen, Rancho Cucamonga	Teacher, California State Prison	150
9/13/2011	Marielena Shorett, Highland	Retired	225
9/13/2011	Robert Jimenez, SB	Retired	350
9/17/2011	John Chavez, SB	Social Worker, Riverside County Hospital	100
9/17/2011	Arthur Jimenez, Riverside	Custodian, Loma Linda Veterans Hospital	950
9/18/2011	Frances Vasquez, Riverside	Retired	525
	Unitemized Monetary below $100		1,732
	Unitemized Non-Monetary below $100		439
		Total contributions this election	$14,261
Amelia Sanchez-Lopez
7/12/2011	Amelia Sanchez-Lopez, SB	[Loan, no interest, due 6/30/2012]	600
7/14/2011	Amelia Sanchez-Lopez, SB	[Loan, no interest, due 6/30/2012]	500
8/1/2011	Amelia Sanchez-Lopez, SB	[Loan, no interest, due 6/30/2012]	1,000
8/1/2011	Evelyn Wilcox, SB	CEO, Manpower of San Bernardino	200
8/15/2011	Amelia Sanchez-Lopez, SB	[Loan, no interest, due 6/30/2012]	4,000
8/30/2011	David de la Torre, SB	Probation Officer, SB County [Food, Beverages, Supplies]	226.61
8/31/2011	Henry Empeno, Moreno Valley	Attorney, City of San Bernardino	100
9/2/2011	Nelva Costello, SB	Administrative Assistant, City of San Bernardnio	100
9/2/2011	Aurelio De La Torre, Colton	City Treasurer, Colton	100
9/2/2011	Wendy McCammack, SB	Self, Express Print & Mail	200
9/2/2011	Funtevida Mora, SB	Insurance Sales	200
9/2/2011	Friends of Judi Penman		500
9/2/2011	Allen Sanchez, SB	Retired	100
9/2/2011	Evelyn Wilcox, SB	CEO, Manpower of San Bernardino	100
9/23/2011	Arrowhead Mechanical Inc.		200
9/23/2011	Matich Corporation		1500
9/23/2011	Friends of Jim Penman	[Non-monetary] Share of Mailer from SBPEA	316.62
9/23/2011	Friends of Jim Penman	[Non-monetary] Signs	2,611.75
9/23/2011	John Segovia	Retired [Non-monetary] Food,Beverages and supplies	352
	Unitemized Monetary below $100		977
		Total contributions this election	$13,883.98

William Valle
7/23/2011	Jonathan Abraham, Redlands	Software Engineer, ESRI	100
7/29/2011	Irene Hernandez-Blair	Child Support Supervisor, LA County	35
7/29/2011	Agnes Shumate	Operations Clerk, Omnitrans	25
7/29/2011	Gabe Serna	Operations Analyst, Omnitrans	25
7/29/2011	Ronald Freeland	Maintenance Mechanic, Omnitrans	20
8/15/2011	William A. Valle, SB	[Loan, No Interest, No Date Due]	200.81
9/24/2011	Rachel Arzu	Unemployed [Car Magnet]	18
		Total contributions this election	$423.81

Gigi Hanna
8/1/2011	Tony Barber, SB	[Non-Monetary: Office Space]	100
8/9/2011	Kevin Savetz, Portland, OR	Owner, Savetz Publishing	100
8/9/2011	David Hanna, SB	Retired [Loan, no interest due 12/1/2011]	2,900
8/11/2011	Naomi Myerchin, SB	Teacher, SBCUSD	50
8/12/2011	Dawn Genzlinger, Seminole, FL	IT Manager, Dept of Veterans Affairs	335
8/12/2011	Jan Braunstein, Claremont	Retired Administrator, Chaffey College	50
8/12/2011	Susan Longville, SB	Director, Water Resources Institute	100
8/17/2011	Trevor Cairns, Riverside	Owner, Trevor’s Rustic Inn	100
8/18/2011	Robin Hollinger, La Selva Beach	Store Clerk, Trader Joes	50
8/21/2011	Melanie Marshall, Vista	Reporter, North County Times	20
8/23/2011	Brian Dado, Placentia	Fed-Ex Driver	100
8/24/2011	Gigi Hanna	[Loan, no interest, due 12/1/2011]	3,800
9/1/2011	Tony Barber, SB	[Non-Monetary: Office Space]	100
9/20/2011	Gerald Garden, Sherman Oaks	Retired teacher, Blair HS Pasadena	25
9/21/2011	Janet Lavelle, Oceanside	Reporter, SD Union Tribune	50
9/22/2011	Gigi Hanna	[Loan, no interest, due 12/1/2011]	2,000
		Total Contributions this election:	$9,880

There are donations from friends, family members and often the candidates themselves in the form of loans.

Esther Jimenez had 27 donors of $100 or more, both monetary and non-monetary. While most of the other loans in the other campaigns were non-commercial and no-interest, Esther Jimenez took a $3,800 loan from Arrowhead Credit Union at 9.9% interest. Esther Jimenez’s three largest donors (other than the loan) were Richard Gonzales of Redlands ($1,550), Candidate for Third District Supervisor James Ramos ($1,000), and the campaign committee of Wilmer Amina Carter ($500), for whom Esther Jimenez works. First Ward Council Member Virginia Marquez is another notable donor.

Peggi Hazlett’s sole contribution during this period is a $10,000 loan from Tjaarda Dairy in Shafter, California. William Valle raised $423.81, including a loan from himself and other small contributions.

Gigi Hanna’s loans are self-funded or from her father. Her monetary contributions are from friends and family. They include the owner of Trevor’s Rustic Inn in San Bernardino, and former 2nd Ward Council Member Susan Lien Longville, now the Water Resources Institute director at Cal State San Bernardino. The numbers above vary from Gigi Hanna’s Form 460 because of some addition errors in the original form, which will no doubt be amended if it hasn’t been already.

Amelia Sanchez-Lopez’s three largest donors, other than loans to herself, were $2,928.37 in combined in-kind donations from Friends of Jim Penman for City Attorney 2011, which include her share of a mailer paid for by the San Bernardino Public Employees Association and her share of the joint City Attorney Jim Penman/Amelia Sanchez-Lopez for City Clerk campaign signs, $1,500 from the Matich Corporation, and a tie between Friends of Judi Penman and former San Bernardino Mayor Evelyn Wilcox at $500 a piece.

Address : 1255 W. Colton Ave., Suite 104

Redlands, CA 92374

Telephone: (909) 708-6055

Filed under Charter, City Attorney, City Clerk, City Council, City of San Bernardino, Elections, San Bernardino City Attorney's Office, San Bernardino City Clerk Tagged with Amelia Sanchez-Lopez, Esther Jimenez, Gigi Hanna, Peggi Hazlett, San Bernardino City Clerk, William Valle

The San Bernardino City Clerk’s Race: An Expenditures and Contributions Overview

October 6, 2011 Leave a comment

As a follow-up of the City Attorney’s Race item, here is a chart of the City Clerk candidates, and their FPPC Form 460 Campaign Disclosures through September 24, 2011

	Gigi Hanna	Esther Jimenez	Amelia Sanchez-Lopez	Peggi Hazlett	William Valle
Contributions Received
1. Monetary Contributions	1120.00	9707.00	4277.00	0.00	205.00
2. Loans Received	8700.00	3800.00	6100.00	10000.00	200.81
3. Subtotal Cash Contrib.	9820.00	13507.00	10377.00	10000.00	405.81
4. Nonemonetary Contrib.	200.00	754.00	3506.98	0.00	18.00
5. TOTAL Contributions	10020.00	14261.00	13883.98	10000.00	423.81

Expenditures Made
6. Payments Made	6440.00	9304.81	5779.48	5249.40	380.48
7. Loans Made	0.00	0.00	0.00	0.00	0.00
8. Subtotal Cash Payments	6440.00	9304.81	5779.48	5249.40	380.48
9. Accrued Expenses.	1612.00	765.58	0.00	0.00	0.00
10. Nonmonetary Adjust.	200.00	754.00	3506.98	0.00	18.00
11. TOTAL Expen. Made	8252.00	10824.39	9286.46	5249.40	398.48

Current Cash Statement
12. Beginning Cash Balance	0.00	0.00	0.00	0.00	0.00
13. Cash Receipts	9820.00	13507.00	10377.00	10000.00	405.81
14. Misc. Increase to Cash	0.00	0.00	0.00	0.00	0.00
15. Cash Payments	6440.00	9304.81	5779.48	5249.40	380.48
16. ENDING Cash Balance	9820.00	4202.19	4597.52	4750.60	25.33

17. Loan Guarantees Rec’d	0.00	0.00	0.00	0.00	0.00

Cash Equiv & Outst. Debts
18. Cash Equivalents	0.00	0.00	0.00	0.00	0.00
19. Outstanding Debts	10312.00	4565.58	6100.00	0.00	200.81

Candidate Esther Jimenez dominates the cash contribution-raising race, with $9,707 in contributions. Amelia Sanchez-Lopez comes in second with $4,277, Gigi Hanna in third with $1,120, William Valle in second to last with $205, and Peggi Hazlett with zero. Peggi Hazlett had the most in loans, $10,000, with Gigi Hanna coming in second with $8,700, Amelia Sanchez-Lopez in third with $6,100, Esther Jimenez next with $3,800 and William Valle with $200.81.

Amelia Sanchez-Lopez leads in non-monetary contributions, with $3,506.98, with Esther Jimenez a distant second at $754, Gigi Hanna in third with $200, and William Valle at $18. Peggi Hazlett had no non-monetary contributions reported for this period.

Esther Jimenez leads the field with total expenditures made, $10,824.39, through September 24, 2011. Amelia Sanchez-Lopez is second with $9,286.46. Gigi Hanna is third with $8,252, Peggi Hazlett is fourth with $5,249, and William Valle is last with $398.48 in expenditures.

From the data reported, it would appear that Gigi Hanna has the most cash on hand at the end of the period. However, the instructions say that to arrive at the figure in number 16, you should add lines 12, 13, and 14 and subtract 15. That means that 16. should be 9820-6440=$3,880. In reality, Peggi Hazlett has the most cash available, $4,750.60, with Amelia Sanchez-Lopez a close second at $4,597.52, and Esther Jimenez third with $4,202.19. William Valle had $25.33 in cash on September 24, 2011.

Later, there will be more on the City Clerk candidates FPPC Form 460 disclosures.

Address : 1255 W. Colton Ave., Suite 104

Redlands, CA 92374

Telephone: (909) 708-6055

Filed under California Public Records Act, Charter, City Attorney, City Clerk, City Council, City of San Bernardino, Elections, Political Reform Act, San Bernardino City Attorney's Office, San Bernardino City Clerk Tagged with Amelia Sanchez-Lopez, Esther Jimenez, Gigi Hanna, Peggi Hazlett, San Bernardino City Clerk, William Valle

The San Bernardino City Clerk’s Forum: A First Person Report

September 28, 2011 Leave a comment

This is part two of my visit to San Bernardino City Hall last night for the San Bernardino City Attorney and City Clerk’s forum. The forums will be replayed on Channel 3, and will be posted online at http://www.iemediagroup.org/. However, to get the full impact, I would recommend that voters actually attend in person next time.

I was much more interested in this forum, even though it lacked the obvious fireworks of the City Attorney’s debate. I wanted to see how each of the candidates reacted in the spotlight. I think four of the five are qualified for the job, even though none of them have worked in a City Clerk’s Office. I think that there will be a run-off, but I am not ready to pick the top two candidates. I think the important thing is to find someone who understands the office, is a good manager, and gets along with others.

I liked Gigi Hanna’s performance. I think she was well-prepared, her ideas were good, and I think she is qualified for the position. I think she has done the best job so far in communicating her message both on her website and her mailer, which I have previously reviewed. I think one thing that sets her apart is that she went through City Clerk training. I am not sure why the other candidates have not done that so far. I think she generally had a handle on how the office worked, and I was impressed by her knowledge of the Office. I heard comments that with her water experience she should run for one of the water boards.

If there were sides, it was clearly rest-of-field versus Amelia Sanchez-Lopez because she is positioning herself with City Attorney Jim Penman. I think she presented herself as competent, if a little stiff. She is qualified for the office based on her past experience. Generally, she made good marks in her closing comments when she pointed out that she was the only public opponent of Measure C. If Measure C had amended the Charter making the City Clerk appointed, none of the candidates would have been able to run for office.

Esther Jimenez established her San Bernardino bona-fides. I think she would also be qualified for office. There has been some speculation that she will split the Latino vote, but I do not see any empirical evidence for that. Yes, the conventional wisdom is that being Latino in a city like San Bernardino is an electoral advantage. City Clerk Rachel Clark ran as Rachel Mendoza Clark, and former Mayor Judith Valles-Smith ran as Judith Valles. I’m not sure if there is any empirical data to support that conventional wisdom.

Peggi Hazlett appears that she is serious about running . . . away from Mayor Morris. No one accused her of working for Mayor Morris or being supported by Mayor Morris, but she took great pains not to mention his name, and to stress her independence. This may be Mayor Morris’ lowest hour, so I think that is a wise decision. Her strongest point, as echoed by the newspaper, is that she will not need on-the-job training. Her existing City Hall ties, ties that go back to before I started working for the City of San Bernardino, are her strength. I understand that she is walking the precincts, which is one of the keys of this race. I think she is weak on communicating her message (other than emphasizing her personal strengths) on how she will run the office. I think part of that are the questions that were asked.

William Valle is not ready for prime time. He was handy with buzz-words, but he lacked the polish of a public official. He should continue his education, stay political active, and perhaps run for Council next-time.

Election politics is the process by which candidates distinguish themselves from one another. What was the biggest issue of the forum? The move of business registration from the Clerk’s Office to Finance. Gigi Hanna stated:

“Ultimately, the decision about where the Business registrations are housed is the city manager’s to make, based on what is best for the day-to-day operation of the city. It wouldn’t be unusual for it to be housed in the Finance Department—many cities do handle businesses in their finance department and it seems a clear nexus. But it is inappropriate for the city clerk to take a stance on policy decisions. It is irrelevant who provides the service…”

Amelia Sanchez-Lopez opposed the move of business registration to Finance. Otherwise, the candidates probably agreed on 95 percent of the issues facing the City Clerk’s Office.

Right now, I figure that no one will get a majority, that there will be a run-off, and it will include two of the following three: Peggi Hazlett, Gigi Hanna and Amelia Sanchez-Lopez.

Address : 1255 W. Colton Ave., Suite 104

Redlands, CA 92374

Telephone: (909) 708-6055

Filed under California Public Records Act, Charter, City Attorney, City Clerk, City Council, City of San Bernardino, Elections, Political Reform Act, San Bernardino City Attorney's Office, San Bernardino City Clerk Tagged with Amelia Sanchez-Lopez, David L. McKenna, Esther Jimenez, Gigi Hanna, James F. "Jim" Penman, Peggi Hazlett, San Bernardino City Attorney, San Bernardino City Clerk, William Valle

The San Bernardino City Attorney Forum: A First Person Report

September 28, 2011 Leave a comment

Yesterday involved three City Halls for me: I attended a meeting at Hesperia City Hall in the morning, a City of Highland City Council Meeting starting at 6 P.M., and I attended 95 percent of the San Bernardino City Attorney debate last night, and all of the City Clerk’s debate at San Bernardino City Hall.

I sat near Josh Dulaney during the City Attorney’s forum. He was tweeting the debate, with an Acer netbook or small laptop on his lap with a Verizon Wireless dongle, and he had a traditional pad for notes next to him. The majority of his time was spent Twittering which you can see on the Sun’s website (at the time of this post) or on his Twitter feed. His article in the paper today reads like his tweets. He left before the City Clerk forum, which was unfortunate. The PE’s reporter stayed through both and had a paragraph regarding the substance of the Clerk’s forum.

I arrived late to the City Attorney’s forum because my City of Highland agenda item did not end until about 6:50, and it takes time to get from east Base Line in Highland to North D in downtown San Bernardino. The council chambers were maybe half full during the City Attorney’s forum. However, it looked more crowded because people like to sit on the ends of rows instead of the middle, so there was a large standing room crowd.

The forums will be replayed on Channel 3, and will be posted online at http://www.iemediagroup.org/. However, to get the full impact, voters should attend in person next time.

From a political perspective, City Attorney Penman was in peak form. His use of visual aids was good, though I seem to remember that the visual aids he used against Marianne Milligan were larger. All the candidates were given the questions ahead of time, and the remarks were largely prepared. I think it was necessary for the candidates to read their responses because of the time limitations. The problem with the forums is that they are not debates, and are not a good format for candidates to differentiate themselves from one another if the format is followed.

Luckily, neither challenger David L. McKenna, nor City Attorney Jim Penman stick to the format. There is always a highly charged atmosphere in these forums, and this one was no dr. Former mayoral candidate, and son of the previous City Attorney, attorney Tim Prince was present, and he heckled City Attorney Penman as usual.

Previously, I made this observation:

Expect City Attorney James F. Penman to emphasize his record, the recent attempts to cut the City Attorney budget, the history of corruption in the City and the City Attorney’s record against corruption, and attempts to portray the challenger, David L McKenna as a carpetbagger, and allegations regarding the challenger’s actions as Public Defender and County Supervisor. Expect challenger David McKenna to attack the longevity of City Attorney Penman’s career as City Attorney (the change mantra), the history of the City Attorney’s relationships with others in the City, and no doubt the same allegations that were brought up in the last City Attorney’s race. Expect the budget to be an issue for the challenger, as well.

How did I do? City Attorney Penman did the things that I expected in the debate, and then piled on from there. City Attorney Penman brought up David McKenna’s past controversies when McKennna was Public Defender and County Supervisor. Penman lambasted McKenna for wanting to try cases if McKenna was City Attorney, and attacked McKenna for being out-of-touch when McKenna criticized the City Attorney’s Office for unsuccessfully trying a panhandling case. There was the innuendo about David McKenna’s inactive status with the State Bar (if we had an effective local press, this issue would have already come up) and the picture of the Mayor’s car in front of David McKenna’s rented house. That touches upon the carpetbagger theme, and is an attempt to tie the candidate McKenna with incumbent — and embattled — Mayor Pat Morris. Penman emphasized his long-standing mantra of City Attorney as “independent watchdog.” I think that has been a winning argument in three contested elections (so far).

Challenger David McKenna attacked the longevity of City Attorney Penman’s career, the City Attorney’s history in the political sandbox with others, but he did not trot out the old legal accusations against the City Attorney nor the FPPC violation related to Arrowhead Country Club. I am not sure if that is a strategy or an omission. David McKenna did bring up issues involving the City Attorney’s criminal caseload, and it seems clear to me from his comments that his campaign has looked at court records to uncover examples of the perceived misuse of department resources. If he has any chance at all, he needs to nail down specifics of how he is going to streamline the office (beyond getting rid of the investigators).

The biggest laugh of the night came at the expense of David McKenna, when he referred to the Press-Enterprise as “respected” when quoting an editorial. He came off as impotent. I am not sure anyone can win the City Attorney’s Office against Jim Penman playing by the Marquess of Quensberry Rules. The City Attorney is a street-fighter, and his skills in chess (thinking more than one move ahead) cannot be underestimated. I think a lot of the City Attorney’s opponents think that they are smarter and better than Jim Penman, and I think that is their downfall. The take-away is that you want to beat him in the arena that he has built for combat, you must play by Hama Rules. David McKenna failed to anticipate the lines of Penman’s attacks, failed to have answers for those attacks, and just repeated the same things we had heard for years, that the City Attorney was a “bomb-thrower.” McKenna echoed Marianne Milligan’s futile citation of the League of California Cities voluntary ethics code for City Attorneys. It is a nice document that does not reflect the realities of elected City Attorneys (because there are so few elected city attorneys). How do you make a position that must run for election not political? By definition, an elected position is political. Further, how did the ethics code section cited prevent the City of Bell scandal?

I think David McKenna had the wrong response to the “inactive status” accusation. He attacked the messenger, calling him insane and unethical and slanderous, and running around after the debate saying he was going to report the City Attorney to the Bar Association. This is a weak position for a few reasons. One, it smacks of taking one’s ball and running home. The second, is because I can think of no California Rule of Professional Conduct that could have possibly been violated here. Obviously, this is not slander in a legal sense of the word. We have pure political speech here in a public forum. He should have given a reason he was on inactive status (or, in the case that the bomb being thrown was true, spun a good answer).

The winner: City Attorney Jim Penman by a TKO. Some might question the wisdom of the late-round bomb throwing by the incumbent, but it is a recognized part of his political theater (see: unnamed attorneys drafting the charter, mystery candidate for mayor, and unnamed council members being investigated for corruption) and should have been better anticipated by David McKenna.

The only people that can do the “pure as the driven snow,” “above politics” schtick are judges. If the Morris camp were serious, which they have shown with the last two challenges that they are not, they would have run a sitting judge against the City Attorney. You have the example of Judge Jan Goldsmith becoming City Attorney in San Diego against the City Attorney that makes City Attorney Jim Penman look like a rank amateur as far as divisiveness (and actual power of the office), you have Judge Paul Zellerbach beating Rod Pacheco for Riverside County DA (who made former San Bernardino County District Attorney Dennis Stout look reasonable, and you have the more local example of Judge Patrick J. Morris beating City Attorney James Penman for Mayor. Twice.

I think this is an example of the Morris camp playing checkers when City Attorney Jim Penman plays an excellent game of chess. They continue to underestimate City Attorney Penman, and at this point, he will exit the office at the time of his choosing. Short of major scandal or October surprise, which I doubt exist, I am calling this race for City Attorney Jim Penman.

I’ll review the City Clerk’s forum in the next post.

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