The Absolute Last City Attorney James F. Penman For City Attorney Mailer for the November 8, 2011 Election

By Michael Reiter, Attorney at Law

Now that most of the election is over, it is time to refocus this blog on law.  So, let me start with this election campaign maxim from California Civil Code section 3357:

Superfluity does not vitiate

On that note, the absolute last campaign mail for the November 8, 2011 election arrived on Election Day, the ninth mailer from San Bernardino City Attorney James F. Penman.  It is an oversized postcard mailer printed in black and white.  On the front it says:

“We all know City Attorney Jim Penman personally, we have all worked with him professionally for many years and we all endorse him for re-election as City Attorney.

If Jim was ‘divisive, disruptive, intimidating, a bully and a liar’ (as his opponents falsely claim) NONE of us would be endorsing him.

But, we are all proud to endorse him.

He IS the City Attorney San Bernardino needs for the next four years!”

 

Judith Valles                              Tom Minor                                            Evlyn Wilcox

Mayor (1998-2006)             Mayor (1993-1998)                              Mayor (1985-1989)

Honorable Paul Bryant                    Honorable Stanley W. Hodge                    Honorable John Wade

Superior Court Judge (ret.)            Superior Court Judge (ret.)                       Superior Court Judge (ret.)

Chief B. Warren Cocke (ret).                                                                                  Chief Dan Robbins (ret.)

San Bernardino Police Dept.                                                                                 San Bernardino Police Dept.

Chief Ben Gonzales  (ret.)                                                                                                    Chief Lee Dean (ret.)

San Bernardino Police Dept.                                                                                             San Bernardino Police Dept.

P.S. Jim does NOT make over $200,000 a year as his opponents claim.  He is one of the lowest paid full-time City Attorneys in the state and he voluntarily turned down his last 6 raises.

The back of the mailer has a San Bernardino Police Officers Association return address, but also says paid for by Jim Penman for City Attorney 2011

Responding to a David McKenna charge, the back of the mailer says: “Jim Penman was never charged, convicted or pled guilty to ANY Crime.  McKenna’s campaign is trying to deceive you.” The Honorable Craig S. Kamansky ~ Superior Court Judge (ret.)

Under a portrait of City Attorney Jim Penman, the mailer says “City Attorney Jim Penman ‘A Tough Prosecutor.”   Next to the photograph is a quote from retired Superior Court Judge Hodge: “Penman is a tough prosecutor, not a bully.  Those who say differently may have something to hide.  Honest government officials have nothing to fear from Jim Penman but dishonest ones should.”

To the left is this blurb from the San Bernardino Sun:

Penman cleared in illegal contributions probe

The District Attorney’s Office has informed City Attorney James F. Penman that “there is no credible evidence” that he received an illegal gift of $5000.  Investigators were looking into whether Penman took the payment for Attorney’s fees related to his court challenge of language in pro-Measure C ballot arguments, and as a bribe not to sign off on supporting the proposed downtown Regal movie theater.  In a letter to Penman, Deputy District Attorney Michael Abney said “we are closing our files” on this matter. [SB Sun ~ 9-23-11]  . . . but the last minute lies keep coming.

I never saw the mailer or the talking point, or even the newspaper article until receiving this mailer, so I don’t have any details on the allegation.

This post is cross-posted on the new San Bernardino Politics Blog: SBDpolitics.com

Address :300 E. State St. Suite 517

                Redlands CA 92373-5235
Telephone: (909) 708-6055

Last Minute Mailers from Amelia Sanchez-Lopez and City Attorney James F. “Jim” Penman

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.

These are the seventh and eighth mailers (not including slate mailers) that I have seen from incumbent City Attorney Jim Penman. Both say they they were paid for by Jim Penman for City Attorney 2011, though one has a return address for Amelia Sanchez Lopez for San Bernardino City Clerk 2011.

The first of the two mailers is a black and white mailer with the Amelia Sanchez Lopez for San Bernardino City Clerk 2o11 return address on the back.  The front says:

Candidate David McKenna joins the

Republican Assault

against Working Families!

ELECTION WARNING!

MORE LAYOFFS

Candidate David McKenna says he supports more layoffs for city workers.

Source: San Bernardino Sun – Sept. 28, 2011

UNFAIR BUDGET CUTS

Candidate David McKenna supports slashing retirement and other benefits for employees who have already been forced to accept furloughs and pay cuts. [Source: Press Enterprise Interview – Oct. 13, 2011]

“Mr. McKenna has betrayed local Democrats.

Please join the working families of the AFL-CIO, the Assoc. of Colton Educators, and the San Bernardino Public Employees Assoc. in Voting for Jim Penman on November 8th.”

~ Laurie Stalnaker, Executive Secretary/Treasurer

Central Labor Council, AFL-CIO of the San Bernardino and Riverside Counties.

To contact Jim Call (909) 882-8986 or

Email friendsopenman@yahoo.com.

The second column, taking up one quarter of the right side of the front of the mailer says:

City Attorney

Jim Penman

Fights For

Working Families!

Proudly Endorsed by

Labor and Democrats

  • Central Labor Council-AFL-CIO
  • San Bernardino Public Employees Assoc.
  • Association of Colton Educators
  • San Bernardino/Riverside Building Trades & Construction Workers
  • San Bernardino Police Officers Assoc.
  • Former Mayor Judith Valles

~ Partial List

The back of the mailer features a picture of City Clerk candidate Amelia Sanchez-Lopez.  The copy says:

Amelia Sanchez Lopez

Our Democratic Choice for City Clerk!

Endorsed by:

The AFL-CIO Central Labor Council

Former Mayor Judith Valles
Democrat

The San Bernardino County Democratic Central Committee

Congressman Joe Baca

Democrat

To Contact Amelia Sanchez-Lopez call (909) 882-7085

Email: friendsofamelialopez@yahoo.com

On the front of the second of the two last-minute mailers is a letter:

Dear Fellow Citizen, [with pictures of Judith Valles, Tom Minor, and Evlyn Wilcox]
We were all honored to serve as your Mayor.
We love our community and want the best for San Bernardino’s future.
Today we are putting aside our personal political differences and joining together
in support of City Attorney Jim Penman.
Jim Penman is truly dedicated to the people of San Bernardino. He has spent his
entire adult life working to make our city a better place as a former Executive
Director of the Horne of Neighborly Service, as a firefighter, Police Commission
Chairperson, Civil Service Board member, Human Relations Commissioner,
Scout Master (Boy Scout Troop #21), PTA treasurer, as an active community
volunteer for four decades, and as our City Attorney.
Sometimes we agreed with Jim, sometimes we didn’t, but we have never doubted
his outstanding professional abilities or his sincere commitment to our
community. His office has always won the vast majority of lawsuits filed against
our City, saving taxpayers millions of dollars.
As Mayors, we worked well with the City Attorney’s office under Jim Penman’s
leadership. We appreciated his integrity and willingness to stand up for his
principles.
Jim has brought innovative leadership to his office through the use of
Administrative Civil Penalties against absentee landlords and his use of legal
injunctions to combat gang crime. Jim’s record and his close relationships with
many of our police chiefs, has earned Jim the endorsement of former Police Chief~
B. Warren Cocke and Ben Gonzales, Lee Dean and Dan Robbins, all of whom
worked closely with Jim when they headed our Police Department.
please join us in supporting City Attorney Jim Penman. He is the best choice for
San Bernardino’s future.
Judith Valles
Mayor (1993-1998)
Tom Minor
Mayor (1998-2006)
Evlyn Wilcox
Mayor (1985-1989)

The front concludes with “On NOV. 8th, RE-ELECT City Attorney Jim Penman.”

The back of the mailer reads, superimposed on a picture of a gavel:

Who do all
3 Former Mayors,  4 Police Chiefs (ret.) and
5 Superior Court J (ret.) unanimously endorse?
“Between the two candidates for City Attorney we choose Jim Penman, the
better choice, beyond a reasonable doubt. He brings competence,
integrity and commitment to
the City Attorney’s office.”
Craig S. Kamansky
Superior Court Judge (ret.)

Stanley W. Hodge

Superior Court Judge (ret.)

John Wade

Superior Court Judge (ret.)
Paul Bryant
Superior Court Judge (ret.)

Robert W. Fawke

Superior Court Judge (ret.)

Copyright 2011 Michael Reiter, Attorney at Law.

Address : 300 E. State St. Suite 517

                  Redlands CA 92373-5235
Telephone: (909) 708-6055

San Bernardino City and San Bernardino City Unified School District Election Round-Up

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.

A variety of mail has arrived in local mailboxes in the last few days to catch any last minute voters (those that have not mailed or dropped off last minute ballots, and those that vote the old-fashioned way: in person.  We have a post card from the San Bernardino Teachers Association: front and  back.  This is their third mailer, endorsing Juan Lopez, Sharon “Bobbie” Perong, Margaret Hill and Lynda K. Savage.

Next, we have the fourth David McKenna for San Bernardino City Attorney mailer, with the headline “The Choice for San Bernardino City Attorney is like Night and Day . . .” on the front, and the reverse has the headline “Community Leaders and Reliable Sources All Support David McKenna for City Attorney”

Teresa Para Craig sends another mailer.  Here is the front, here is the back.

Lastly is a Larry Lee for City Council mailer.  This is the first adversarial piece from Larry Lee.  Pastor Lee, from all I have heard is a very nice man, and even his attack mail is very well-mannered.  The photograph of Chas Kelley is very professional and is attributed to the San Bernardino Sun.

The mailer is an over-sized post card.  It says, on the front that “ON NOVEMBER 8TH THE CHOICE IS CLEAR” in red letters.

Next to a picture of Pastor Larry Lee is the subheading “Our Interests” and the following bullet-points: “Larry Lee will fight for our interests.”  “Larry Lee is asking for your support so he can protect our interests above all else.”  “Our city needs a balanced impartial voice that supports good wages for our public employees without bankrupting our city.”

Next to the photograph of Chas Kelley is the subheading “Special Interests” “Chas will fight to protect the interest of public employee’s [sic] unions.”  “Chas Kelley’s support comes from employee’s [sic] unions because he protects their interests above all else.

That’s the extent of the attack.  The same side continues in large yellow block letters “LARRY LEE FOR CITY COUNCIL”  and in smaller white block letters “VOTE NOVEMBER 8TH TO TURN OUR CITY AROUND.”   This mailer is the only one that uses the “fill-in the arrow”  that I have seen on any campaign mail for any position this turn.

The mailer continues with the following maxims: “GOOD GOVERNANCE is based on the establishment of a representative and accountable form of government.”  “POOR GOVERNANCE stifles and impedes development good governance is for independence.”  Your guess is as good as mine.

Pastor Lee ends the first side with some Christian scripture with no attribution.   It is a translation of 1 Corinthians 13:  “Love is patient, love is kind.  It does not envy, it does not boast, it is not proud.  It is not self-seeking, it is not easily angered, it keeps no record of wrongs.  Love does not delight in evil but rejoices with the truth.  It always protects, always trusts, always hopes, always perseveres. Love never fails.”

The back continues the Christian theme by showing Larry Lee’s endorsements:   They include Brad Dacus, a Sacramento attorney and President of the Pacific Justice Institute, which claims to be a “legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties.”  Pastor Lee is also endorsed by Jim Cobrae, described as Senior Pastor of the Rock Church & World Outreach Center.  He is also endorsed by Dr. Rob Zinn, who is listed as Senior Pastor of Immanuel Baptist Church in Highland, and Dr. Joshua Beckley, the Senior Pastor of Ecclesia Christian Fellowship (spelled “Eccelesia” on the mailer).  He is also endorsed by Redlands Chief of Police Mark Garcia and Mike Gallo, who is running for San Bernardino Unified School Board.

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 : 300 E. State St. Suite 517

                  Redlands CA 92373-5235
Telephone: (909) 708-6055

Who Will Win The San Bernardino City Attorney’s Election on November 8, 2011?

Who Will Win the San Bernardino City Clerk’s Election on Tuesday, November 8, 2011?

Who will win the San Bernardino City Unified School District Election on November 8, 2011?

Who Will Win the City of San Bernardino Seventh Ward Council Member Election on November 8, 2011?

Who Will Win the City of San Bernardino 5th Ward Council Election on November 8, 2011?

Who will Win the San Bernardino Third Ward Council Seat in the Tuesday, November 8, 2011 election?

New City Attorney James F. Penman / San Bernardino Police Officers Association Mailer

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.

This is the sixth mailer that I have seen from incumbent City Attorney Jim Penman.  The front of the mailer is glossy and in color  On the front, the headline says in blue letters on a red background “FBI Raids San Bernardino Airport!”  In the top middle of the front is a picture of FBI agents loading seized files at the San Bernardino Airport.  Flanking the photograph are these words: “The County Grand Jury Report (June 20, 2011) found specific irregularities (GJR pg. 2-29) and “a clear conflict of interest” (GJR pg. 2-31) with contracts awarded to a federally “convicted felon” at the San Bernardino Airport. [Press Enterprise – Sept. 22, 2011][.]”

It continues in the next paragraph:

“Mayor Morris, as President of the Airport Authority, is the “man in charge” there, as he is at City Hall.”
On the other side of the photograph of the FBI agents loading seized files at the San Bernardino Airport is this paragraph “San Bernardino Mayor Patrick Morris is the only elected official named in the federal search warrants served at the airport on Sept. 21, 2011.  The warrants seek “evidence of bribery, theft, fraud, money laundering and more”. [Source: Press Enterprise, 9-22-11.]”

Below the picture and the two sets of text flaking it are blue letters that say “City Attorney Investigators are also investigating charges of irregularities in contracts at City Hall.  The same City officials who are in charge at the airport are also in charge at City Hall.”

Below that paragraph is a paragraph in white text on a black background:
“‘For the City to move forward we must investigate and, if verified, expose any mismanagement or corruption at City Hall similar to that now being investigated by the FBI at the San Bernardino airport.  The people of San Bernardino deserve honest city government.’ ~City Attorney Jim Penman”

Below that is a San Bernardino Police Officers Association badge with the text: “San Bernardino Police Officers Association Members Say: ‘On Election Day, Let Jim Penman finish the City Hall Investigations.”

The back of the mailer has the Police Officers Logo and their address, and is in black and white.

The headline of the back of the mailer says “Question: Why is Mr. McKenna running for City Attorney?  Answer: To Stop City Attorney Investigations into charges of contract irregularities at City Hall.”

Below the headline is a quote from Mayor Patrick Morris from May 10, 2011 in the State of the City Speech “Corruption and scandals are not our concerns”.  To the right is a quote form challenger David McKenna and a picture of David McKenna.  It says “Corruption is not a priority for me.” with this legend below “[David McKenna, Oct. 11, 2011, Rotary Club debate.]”

Below the Mayor Patrick Morris quote of “Corruption and scandals are not our concerns” are these quotes:

“County Public Defender David McKenna, under pressure from the Board of Supervisors . . . after disclosing that he had intentionally violated County spending policies for nearly a decade . . .” resigned today.

“. . .  he was violating county policies for years . . . it’s imperative the Board . . . appoint a public defender that we have confidence in.  Someone who complies with all the regulations of the County,” said Supervisor Fred Aguiar. [Source – Press Enterprise, July 2, 1999]

In the middle of the back side is a question to the reader: “Is McKenna a responsible public servant and citizen? (You decide – see left and below.)  Left, refers to the Press-Enterprise article about David McKenna’s resignation as San Bernardino County Public Defender.  Below the rhetorical question is this quote: “Until moving to San Bernardino this year, McKenna lived in Riverside County for the past five years without registering to vote.”   This is a quote from the Riverside Press Enterprise, October 23, 2011.

Finally, below the picture of David McKenna, which for political  attack ads is not a bad photo at all, says “. . . (if elected) I will eliminate the City Attorney (corruption) Investigators”.   The mailer attributes the quote to David McKenna at the October 11, 2011 Rotary Club debate.  The picture of David McKenna also has the wording “Paid for by Jim Penman for City Attorney 2011” on it.

What City Attorney Jim Penman campaign themes have been addressed in this, the sixth mailer?  City Attorney Penman as elected watchdog.  David McKenna as carpetbagger.  David McKenna as Mayor Morris surrogate.  Corruption.  Corruption at the San Bernardino International Airport.  David McKenna’s past as an appointed official.

Earlier, there were posts on the Rotary Club of San Bernardino City Attorney Forum and the San Bernardino Chamber of Commerce City Attorney Forum.

Address : 300 E. State St. Suite 517

                  Redlands CA 92373-5235
Telephone: (909) 708-6055