Filing Late Government Claims (Tort Claims) in California

By Michael Reiter, Attorney at Law

Generally government claims for personal injury and personal property damage are due with a public entity within six months of an incident, with some notable exceptions.

However, if a claimant fails to file a government claim within the sixth months, there is a procedure to file a late claim.

(a) When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a written application may be made to the public entity for leave to present that claim.

(b) The application shall be presented to the public entity as provided in Article 2 (commencing with Section 915) within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim. The proposed claim shall be attached to the application.

(c) In computing the one-year period under subdivision (b), the following shall apply:

(1) The time during which the person who sustained the alleged injury, damage, or loss as a minor shall be counted, but the time during which he or she is mentally incapacitated and does not have a guardian or conservator of his or her person shall not be counted.

(2) The time shall not be counted during which the person is detained or adjudged to be a dependent child of the juvenile court under the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code), if both of the following conditions exist:

(A) The person is in the custody and control of an agency of the public entity to which a claim is to be presented.

(B) The public entity or its agency having custody and control of the minor is required by statute or other law to make a report of injury, abuse, or neglect to either the juvenile court or the minor’s attorney, and that entity or its agency fails to make this report within the time required by the statute or other enactment, with this time period to commence on the date on which the public entity or its agency becomes aware of the injury, neglect, or abuse. In circumstances where the public entity or its agency makes a late report, the claim period shall be tolled for the period of the delay caused by the failure to make a timely report.

(3) The time shall not be counted during which a minor is adjudged to be a dependent child of the juvenile court under the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code), if the minor is without a guardian ad litem or conservator for purposes of filing civil actions. California Government Code section 911.4.

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.

Milligan, Beswick, Levine & Knox, LLP
A: 1447 Ford St. #201
      Redlands, CA 92374
T: (909) 296-6708

Byron Waters, Pioneering San Bernardino County Attorney and the First President of the San Bernardino County Bar Association

By Michael Reiter, Attorney at Law

As a Director-At-Large of the San Bernardino County Bar Association, President Jack Osborn asked me to serve on the San Bernardino County Bar Association Bulletin Committee.  As such, I will be writing a monthly column which will mostly be focusing on bench and bar history of San Bernardino County.  Below is a heavily edited version of my first article, which I have submitted for publication in the March or April bulletin.

Byron Waters 1849-1923 Pioneering San Bernardino County Attorney

Byron Waters 1849-1923 Pioneering San Bernardino County Attorney

[Illustration of Byron Waters, San Francisco Call, Volume 77, Number 108, March 28, 1895, Pg. 5]

Byron Waters was an organizer and the first President of the San Bernardino County Bar Association, organized in 1875.

In The Bench and Bar of the County of San Bernardino, State of California (1955), Page 15, former California Associate Supreme Court Justice and native of San Bernardino, Jesse William Curtis gave this synopsis of Mr. Waters’ life.

Hon. Byron Waters also came to San Bernardino before reaching his majority. He came from his native state of Georgia. He first worked for his uncle James Waters, who ran dairy in Yucaipa. But a dairy was no place for young man with Mr. Waters’ ambition and talents. He read law in the offices of Judge Rolfe and Judge Willis and was admitted to practice in 1871. He almost immediately gained place in the front ranks among the members of the bar of the county. His practice in an incredibly short time became both large and lucrative. In 1877[,] he was elected to the assembly and although one of the youngest members he was acknowledged as one of the leaders of the legislative body. By reason of the reputation gained at that one session of the legislature in the following year he was elected a delegate at large to the State Constitutional Convention which framed our present Constitution. In 1881[,] Mr. Waters temporarily retired from the practice of law and helped organize the Farmers Exchange Bank of San Bernardino and became its first president. But his love for the law drew him back to its practice and he soon retired from the banking business to enter again the ranks of the attorneys of this county. He at once took his place as one of the leaders of the Bar. He attracted the attention of Judge S.H. Mesick of San Francisco, a leading mining lawyer of the state, who offered him partnership if he would move to San Francisco. Mr. Waters accepted the offer and the firm of Mesick and Waters was formed and during the few years of its existence was retained in many of the most important mining cases before the courts of the state. Due to the failing health of Judge Mesick the partnership was dissolved and Mr. Waters practiced alone in San Francisco. After successful though rather brief practice in the then metropolis of the state, he returned to San Bernardino and again opened his office and continued his practice for a few years when he was offered membership in the legal staff of the Southern Pacific Company, which he accepted and again became resident of the bay district in the north. Evidently the character of the work for the railroad did not suit the taste of Mr. Waters for after few years with the company he resigned his position and again resumed his practice in his old home town. On each occasion of his return to this county his old, and many new, clients sought him out and his law practice soon assumed its old time proportion as one of the most profitable in the county. In his declining years he was so unfortunate as to lose his eyesight completely. Notwithstanding this affliction he continued with the assistance of two younger members of the bar to carry on an extensive and profitable law practice until the infirmities of age compelled him to retire from all activities. He passed away on November 29 1934 in the city in which he had made his home, with brief exceptions above referred to for so many years.

(Mr. Waters is sometimes referred to as “Honorable,” which refers to his one term in the California Assembly.)

Associate Justice Curtis’ summary of Waters’ life is a good synopsis of Byron Waters life, but additional details expose the true breadth of his career.

Milligan, Beswick, Levine & Knox, LLP
A: 1447 Ford St. #201
      Redlands, CA 92374
T: (909) 296-6708

The Last Two Posts Were Written in 2013, but Unpublished Until Now

The last two posts were written in 2013.  The first, regarding the 2013 recall, was intended to be published, and was inadvertently not published. The second one on former City Attorney Waldo Wilhoft was unfinished.  Sorry for any confusion about publishing old material.
Milligan, Beswick, Levine & Knox, LLP
A: 1447 Ford St. #201
      Redlands, CA 92374
T: (909) 296-6708

An Update: The Notices of Intention to Circulate Recall Petitions in the Proposed San Bernardino Recall 2013

I’m not sure why this was not posted at the time, but for historical interest, here is a post that supposed to appear in 2013.

By Michael Reiter, Attorney at Law

San Bernardino Residents For Responsible Government, the political action committee behind the proposed recall,  contacted me today regarding the last post on the Notices of Intention to Circulate Recall Petitions in the Proposed San Bernardino Recall for November 5, 2013.

The Petitions were drafted by Michael L. Allan, a Pasadena attorney.  The decision to use process servers was also his decision.  The rest of the petitions will be released to the public on Monday, as listed on their website.  They say they have not filed the petitions against Wendy McCammack and Rikke Van Johnson yet. San Bernardino Residents For Responsible Government says they are giving the office holders 14 days to respond to the petitions.

Per the Charter of the City of San Bernardino, Section 122:

Within seven (7) days after the filing of the notice of

intention, the officer sought to be recalled may file with the City Clerk an answer in

not more than 500 words to the statement of the proponents and if an answer is

filed, shall serve a copy thereof, personally or by certified mail, on one of the

proponents named in the notice of intention. At the time the proponents publish

the notice and statement referred to above, the officer sought to be recalled may

have the answer published at his/her expense. If the answer is to be published the

officer shall file with the City Clerk at the time the answer is filed a statement

declaring his/her intent that the answer be published. The statement and answer

are intended solely for the information of the voters and no insufficiency in the form

or substance thereof shall affect the validity of the election or proceedings. The

notice and statement as referred to above, and the answer, if it is to be published

shall be published at least once in a newspaper of general circulation, as described

in Sections 6000 to 6066 of the Government Code, adjudicated as such.

Seven (7) days after the publication of the notice, statement and answer, if it

is to be published, the recall petition may be circulated and signed.

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.

Milligan, Beswick, Levine & Knox, LLP
A: 1447 Ford St. #201
      Redlands, CA 92374
T: (909) 296-6708

The Roots of San Bernardino Charter Section 186: A Political Perspective In Two Posts

By Michael Reiter, Attorney at Law

As San Bernardino looks to review and possibly reform its existing charter, last adopted in 2006, this is one in a series looking back at how the City of San Bernardino arrived at this point.

In the last item, the voters of the City of San Bernardino approved (by three votes)  a charter amendment in 1939 that guaranteed minimum raises to certain members of the police department.

A more in-depth look at the political background is found elsewhere, including the political roots of Charter Section 181-A, and the fiscal effect of San Bernardino Charter Section 181-A on the 1939-40 fiscal year budget of the City of San Bernardino.

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.

Milligan, Beswick, Levine & Knox, LLP
A: 1447 Ford St. #201
      Redlands, CA 92374
T: (909) 296-6708

The Roots of San Bernardino Charter Section 186: Chapter One

By Michael Reiter, Attorney at Law

This is the first in a series of articles to help people understand the historic context in which section 186, which currently sets the rate of pay of sworn police and fire employees within the City of San Bernardino.

Before the 1955 adoption of section 186, the people of San Bernardino amended the Charter to include minimum police salaries.

A special municipal election (consolidated with a primary municipal election) was held on March 20, 1939 to vote on Proposed Charter Amendment Number One.

Proposed Charter Amendment Number One read:

It is hereby proposed that Article Ten of the City Charter of the City of San Bernardino, entitled “Police and Fire Departments,” be amended by adding thereto a new section, entitled “Section 181A,” said section to read as follows:

“Section 181A:

(a) That the minimum rate to be paid to the following classifications in the Police Department shall be as follows:

Regular Patrolmen, Relief Patrolmen, Traffic Patrolmen, Special Officers and Plain Clothes Officers–A minimum salary of $135.00 per month, said salary to be increased in the sum of $5.00 per month at the end of each six months’ continuous service until a salary of $175.00 is reached, which salary of $175.00 shall thereafter be the minimum salary to be paid said officer.

Desk Sergeants–A minimum salary of $190.00 per month.

Patrol Sergeants–A minimum salary of $190.00 per month.

Motorcycle Officers–A minimum salary of $155.00 per month, based on one year’s service as a Police Officer, said salary to be increased in the sum of $5.00 per month at the end of each six months’ continuous service, until a salary of $185.00 is reached, which salary shall thereafter be the minimum salary to be paid said officer.

Traffic Sergeants–A minimum salary of $200.00 per month.

(b) That the officer’s length of continuous service elapsing prior to the adoption of this provision shall be included in determining said minimum salaries.

(c) That said section shall not be construed to set out or limit the classifications of members of the Police Department, but is intended solely to establish a minimum rate of pay for those classifications herein referred to.”  Statutes of California, 1939, Chapter 38, Pages 3162-3163.

The results of the election were decided by absentee votes.  The Council canvassed the vote on March 27, 1939 and found: 5,264 votes in favor, 5,261 votes against.  The absentee votes ran 75 percent in favor and 25 percent against.

 

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.

Milligan, Beswick, Levine & Knox, LLP
A: 1447 Ford St. #201
      Redlands, CA 92374
T: (909) 296-6708

William Guthrie, San Bernardino City Attorney

William R. Guthrie was the San Bernardino City Attorney from 1913 to 1927, and 1931 until 1935.  He was also the founder of what today is Gresham Savage (from their website http://www.greshamsavage.com/firm-100years.html):

The Gresham Savage story begins in 1910, when founder William Guthrie opened his solo practice in San Bernardino, Calif. Like the rest of the country, the city was in transition, shedding its image as a rough-and-ready saloon town where shootouts and public hangings were commonplace. During the first 20 years of the new century, as Santa Fe locomotives brought thousands of new settlers down the Cajon Pass, the city tripled in size and grew in respectability and importance.

Guthrie served as city attorney for 12 years, gaining valuable experience in industry, mining, tax valuation and assessments. He became an influential figure in business, political and social circles and was an imposing local presence, strolling the streets of San Bernardino in his distinctive white hat.

His reputation for getting results grew rapidly, catching the attention of large corporations, including the Southern Pacific Railroad, California Portland Cement Company, still a Gresham Savage client, and American Potash & Chemical Co., now Searles Valley Minerals, also still with the firm. Later in Guthrie’s career, Henry Kaiser hired him to handle the legal affairs of Kaiser’s new Fontana Steel Mill.

. . .

By the economic crash of 1929, Guthrie had moved into San Bernardino’s new Andreson Building, which still stands today. Throughout the Depression, he continued serving major corporations, including the Atchison, Topeka and Santa Fe Railway, now the BNSF Railway Company and the longest-standing current Gresham Savage client, Southern California Edison and the predecessor to General Telephone, which is now Verizon.

As the country struggled through those difficult years, Guthrie expanded his practice, bringing on Carl B. Hilliard, Donald W. Jordan, John B. Lonergan and Jesse W. Curtis Jr. In 1937, he formed a partnership with Curtis, whose father had been a pioneer San Bernardino County lawyer, Superior Court judge and Supreme Court justice.

. . .

Now as Guthrie & Curtis, the firm prospered during World War II, serving heavy industry companies such as Kaiser Steel and California Portland Cement Company, whose successors remain clients of the firm. These were precedent-setting times, requiring attorneys of strong character and high intellect to properly interpret complex laws dealing with local and regional government regulations. Guthrie would often convene the area’s captains of industry at a local restaurant or meeting place to discuss the important legal and political issues of the day.

. . .

After Curtis left the firm in 1947, Guthrie, Lonergan and Jordan established a legendary partnership that was to be unmatched at handling legal matters involving labor, public land and mining. “New Law Firm Formed in City,” trumpeted the headline in the local newspaper, describing Guthrie as “long one of the outstanding figures” of the county’s bar.

Sadly, failing health forced Guthrie to retire soon after, but not a single client left the firm as Lonergan and Jordan took up the challenge of moving on without the legendary founding attorney. Though practicing in a small-town geographically, they were widely regarded as big-city professionals, expanding the practice even further and attracting multinational corporations as clients.

William Guthrie was born in San Bernardino on November 1, 1886 to William James Guthrie and Anna B. Lawson (Guthrie).  In 1900, he lived with his parents at 472 West Fourth Street in the Second Ward.  His father was listed as a Dry Goods Merchant on the 1900 Census.

By the next Census, he was the head of household as his mother was listed as widowed.  They were living at 626 North E Street in the Second Ward.  William Guthrie was listed as a Deputy County Clerk and as a lawyer. The State Bar of California gives his State Bar number of 3059, and says he was admitted in January 1910. The Census was taken on April 16-18, 2010, so he had just passed the Bar.  His brother, James Guthrie, was already listed as a newspaper reporter (he was later the publisher of the Sun).

In 1910, William Guthrie lived not far from Charles L. Allison (491 West Fourth Street).  Charles Allison was elected City Attorney in 1911, and was defeated by William Guthrie in 1913.  In the 1910-1911 San Bernardino City Directory, Gutherie’s address is listed as 527 E Street, and he is listed as Chief Deputy County Clerk. By the 1911-1912 listing, he is living at 626 North E Street with his brothers, and is listed as a lawyer with Willis & Guthrie.

According to the Minutes of the Mayor and Common Council dated March 20, 1913, he received the following votes in the Primary Municipal Election: In the Republican Primary, 389 votes; in the Democratic Primary, 97 votes; in the Socialist Primary, 10 votes; and the Prohibition Primary, 6 votes.

In the minutes of the Mayor and Common Council Meeting of April 16, 1913, William Guthrie received the following votes in the April 14, 1913 General Municipal Election, 1432 votes over the Socialist candidate J.W. Stephenson’s 823 votes and H.H. Chase received 918 votes.

By the time of the 1913-1914 City Directory, William Guthrie is listed as Attorney and City Attorney, Room 413 of the Katz Building, telephone HOme [sic] 1141, and still living at 646 D Street.  By the 1916 City Directory, he had moved his residence to 939 D Street.

He ran for re-election on April 12, 1915, and gained 2704 votes to his opponent, Cecil H. Phillips’ 1987 votes.

On June 5, 1917, on his draft card, William Guthrie listed his residence as 939 (North) D street, and his occupation as City Attorney, and employed by the City of San Bernardino. He claimed exemptions for supporting his wife and as a City officer.

William Guthrie again ran in the 1919 primary and general elections.  In the primary municipal election, he ran against Fred A. Wilson for the first time.  Guthrie received 2144 votes, Fred A. Wilson received 1170 votes, and Frank T. Bates received  631 votes.

In 1920, he lived at 1151 North D Street with his wife Mary, and he is listed as a general practice attorney.  The City Attorney position at that time was part-time.  It did not become full time until a Charter section 55 was amended in a special election on January 6, 1955.

William Guthrie ran unopposed in the 1923 election.

By 1924, the San Bernardino Directory lists him as City Attorney, with his office at 205-210 Katz Building, and his residence as 1151 North D Street.

In the March 1927 primary election, Guthrie defeated Fred A. Wilson.  Fred A. Wilson was a San Bernardino attorney, State Bar Number 7329 admitted in September 1911.  However, in the 1927 general primary election, Fred A. Wilson won.

By 1928, his office was at 506 Andreson Building, 320 North E, and his home was still at 1151 North D Street.

In 1930, he still lived at 1151 N. D Street with his wife Mary and daughter Elizabeth.  Their home was listed as valued at $12,000.  His occupation is lawyer (owns office).

William Guthrie ran for City attorney again in 1931, beating City Attorney Fred A. Wilson in the General Election by a vote of 4,180 to 3,543.

In the April 8, 1935 General Municipal Election, H.R. Griffin defeated William Guthrie in a close race. H.R. Griffin, received 4,508 votes, and Guthrie received 4,040 votes.  Theo G. Krumm received 889 votes.

By 1940, he was living at 356 West 18th Street.  He was listed as a lawyer in his own private practice.  He lived with his wife Mary, his daughter Elizabeth, and a young man named Felix Flint, who was their “hired yard man.”

William Guthrie died on November 2, 1947 at St. Vincent’s Hospital in Los Angeles, California.

His obituary in the Los Angeles Times of November 4, 1947 read:

William Guthrie, San Bernardino Attorney, Dies

William Guthrie, 61, San Bernardino attorney, died at St. Vincent’s Hospital Sunday night of a lung infection.  In failing health since September, he was brought here from his home last Tuesday to undergo treatment by specialists.

A native of San Bernardino, Mr. Guthrie was admitted to the California Bar 35 years ago. He prepared himself for his bar examination by studying law in his after-office hours while he was employed as a deputy county clerk.  He served as City Attorney of San Bernardino for 12 years.

Mr. Guthrie was known as an authority on corporation law. His clients included many of the industrial corporations of the State. He practiced frequently in Los Angeles courts, and was a member of the California, University and Jonathan clubs here.

He leaves his widow, Mrs. Mary D. Guthrie, a daughter, Mrs. Elizabeth Goss, Claremont, and two brothers, James A. Guthrie, publisher and editor of the San Bernardino Sun, and Howard M. Guthrie, San Bernardino businessman.

Copyright 2013 Michael Reiter, Attorney at Law
Milligan, Beswick, Levine & Knox, LLP
A: 1447 Ford St. #201
      Redlands, CA 92374
T: (909) 296-6708

Abusive Code Enforcement

By Michael Reiter, Attorney at Law

I have begun to notice a pattern in complaints about code enforcement agencies lately.

One is that certain cities (especially large charter cities) regarding what they want out of code enforcement. They used to want to use code enforcement tools to eliminate blight and come into compliance.  Now, it seems that many cities want to generate revenue from code enforcement instead of compliance.

The second pattern is that code enforcement is abusing their discretion.  In order to make money, little infractions become major code enforcement violations.  Dormant trees in the winter become unmaintained landscaping. A burnt patch of summer grass becomes lack of landscaping.

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.

Milligan, Beswick, Levine & Knox, LLP
A: 1447 Ford St. #201
      Redlands, CA 92374
T: (909) 296-6708

 

City of Detroit Bankruptcy and a Comparison to the City of San Bernardino Bankruptcy

By Michael Reiter, Attorney at Law

Last night, I was interviewed by ABC (Australia) News (Radio) regarding the filing of Bankruptcy in Detroit.  It aired during drive time in Australia today (July 19, 2013), which I believe was still last night in California.  I was interviewed by Julian Morrow.

The program was RN Friday Drive, and you can find a link to the podcast of the interview.

I was interviewed late last year by RAI-TV in Italy regarding the San Bernardino Bankruptcy, but I have never seen the footage and I don’t know if it was aired.

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.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

The Notices of Intention to Circulate Recall Petitions in the Proposed San Bernardino Recall 2013

By Michael Reiter, Attorney at Law

Below are four of the Notices of Intention to Circulate A Recall Petition, or at least unexecuted and undated versions.  The originals were in PDF format which were printed with the home addresses of the petition signers were crudely redacted using a Sharpie Magnum Permanent Marker, and rescanned into PDF.

City Attorney James F. Penman

The reasons for the recall are listed by Scott Beard, the proponent, Wendy McCammack’s appointment to the City of San Bernardino Planning Commission, Rialto-based developer, and Seventh Ward resident:

The grounds for the recall are as follows: Mr. Penman is the duly elected City Attorney, and as such is accountable for the actions of that office and of his subordinates. Mr. Penman has been derelict in his official duties by failing to properly enforce the law regarding personal use of public property by members of the Common Council. In addition, Mr. Penman’s office’s selective enforcement of City codes and his failure to timely update and codify city codes, ordinances, and other matters lawfully passed by the City Council has created confusion and insecurity in the City’s residents and businesses regarding accuracy of the City’s published law.

Council Member Virginia Marquez, First Ward

The reasons listed for the recall in the Notice of Intention are listed by the proponent, Christian Fernando Flores (who was reported in the Sun as a student at California State University, San Bernardino):

The grounds for the recall are as follows: Council Member Marquez was elected to office
in November of 2009 and has since that time has failed to protect the health, safety, and welfare
of the residents of the City of San Bernardino and demonstrated dereliction to the duties of her
elected office by making fiscally irresponsible votes and by supporting fiscally irresponsible
program leading to the misuse of the City’s General Fund. Council Member Marquez’s actions
and failures to act, have propelled the City of San Bernardino into financial crisis, and have led
to the filing for protection under Chapter 9 of the federal bankruptcy laws by the City. The City
of San Bernardino is currently the object of nation-wide ridicule as a result of the mishandling of
the bankruptcy and its proceedings.

Further, Council Member Marquez has violated the public trust by repeatedly failing to
reach consensus with the other members of the San Bernardino City Council on basic issues of
City finances, and ignored advice of the City’s Executive Staff for the previous two years
regarding financial concerns. Her actions have led to massive reductions in City services and
police and fire personnel, causing an increase in crime rates, businesses leaving the City, and
contributed to overall blight within the City.

Council Member Fred Shorret:

The proponent of the recall against Fred Shorett, 4th Ward Council Member, Stephen T. Dawson, who is the chairperson of the United  Transportation Union, states:

The grounds for the recall are as follows: Council Member Shorett was elected to office in March of 2009 and has since that time has failed to protect the health, safety, and welfare of the residents of the City of San Bernardino and demonstrated dereliction to the duties of his elected office by making fiscally irresponsible votes and by supporting fiscally irresponsible program leading to the misuse of the City’s General Fund. Council Member Shorett’s actions and failures to act have propelled the City of San Bernardino into financial crisis, and have led to the filing for protection under Chapter 9 of the federal bankruptcy laws by the City.
Further, Council Member Shorett has violated the public trust by repeatedly failing to reach consensus with the other members of the San Bernardino City Council on basic issues of City finances which would allow the City of San Bernardino to emerge from the bankruptcy proceedings and begin revival of its economy. The City of San Bernardino is currently the object of nation-wide ridicule as a result of the mishandling of the bankruptcy and its proceedings.

Mayor Patrick J. Morris:

Scott Beard, also the proponent of the recall against City Attorney James F. Penman, gives these reasons:

The grounds for the recall are as follows: Mayor Morris was elected to office in February of 2006 and has since that time has failed to protect the health, safety, and welfare of the residents of the City of San Bernardino and demonstrated dereliction to the duties of his elected office by failing to veto fiscally irresponsible votes and fiscally irresponsible programs leading to the misuse of the City’s General Fund. Mayor Morris’s [sic] failures to act have propelled the City of San Bernardino into financial crisis, and have led to the filing for protection under Chapter 9 of the federal bankruptcy laws by the City.
Further, Mayor Morris has violated the public trust by repeatedly failing to facilitate consensus with the members of the San Bernardino City Council on basic issues of City finances, and ignored advice of the City’s Executive Staff for the previous two years regarding financial concerns. His action and inaction have led to massive reductions in City services and police and fire personnel, causing an increase in crime rates, businesses leaving the City, and contributed to overall blight within the City.

The original PDFs, which are not the embedded redacted versions you see here, have some metadata that explains a little about the origin of the PDFs that were obtained. The Notice of Intent  involving Mayor Patrick J. Morris was created on April 28, 2013 at 10:04:50 PM, with the application being Microsoft Word 2010, with “Michael” listed as the author.  The Notice of Intent to Virginia Marquez  was titled C:\My Files000 — SanBernardinoMatter\NOI.2013.1stWard(Marquez).wpd, also authored by “Michael.”  It was created on April 28, 2013 at 2:19:17 PM.  The original file was on WordPerfect (as you can see by the extension), but the PDF was created by Acrobat Distiller 9.0.0. The Fred Shorret document was created by Microsoft Word 2010, also authored by “Michael.”  It was created on April 28, 2013 at 3:40:59.  The City Attorney James F. Penman document was also on Word 2010, on April 28, 2013, at 10:00:13.

What does this metadata mean?  That whoever created the PDF (but not necessarily the author of the petitions), was named Michael, and that at least one of the documents was created on WordPerfect.  WordPerfect is, or was, largely used by attorneys. No conclusions can be drawn from this metadata.  The Michael may refer to Michael McKinney, the Orange County-based publicist for the recall proponents.  It could be someone else entirely.

Unfortunately, the petitions to recall Second Ward Council Member Robert Jenkins, Third Ward Council Member John Valdivia, Fifth Ward Council Member Chas Kelley, Sixth Ward Council Member and Mayoral Candidate Rikke Van Johnson and Seventh Ward Council Member Wendy McCammack were unavailable.

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.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708