The Process in 2006 for the Redlands Council Vacancy That Resulted in The Appointment of Pete Aguilar

The City of Redlands is appointing a new Council Member on January 20, 2015.  I am one of the candidates.

In 2006, when Susan Peppler resigned, the Council had a similar appointment process.  I remember being in the audience as Assistant City Attorney, and that there were multiple ballots that resulted in Pete Aguilar being chosen to serve the remainder of Susan Peppler’s term.   Here are the minutes of the Redlands City Council meeting of April 18, 2006:

CITY COUNCIL VACANCY

A vacancy exists on the City Council due to the resignation of Councilmember Susan Peppler. At the meeting of April 4, 2006, the City Council voted to fill the vacancy through an appointment process on or before May 4, 2006. On April 5, 2006, the City issued a Notice of Intention to fill the vacancy on the City Council by appointment. Interested applicants were invited to submit applications to the Office of the City Clerk by 5:00 P.M. on April 14, 2006. Eleven (11) applications were received from: Peter R. Aguilar, George D. Bartch, Roy S. Cencirulo, Eric Robert Fraser, James G. (Jim) Macdonald, Dennis John Mullenix II, Reyes L. Quezada, Brian Roche, Mark Stanson, Eddie Tejeda and William E. (Bill) Turnpaugh. Voter registration has been confirmed for each applicant. Mayor Harrison explained the process to the applicants and audience.

At this time, he opened the meeting to public comments from the audience regarding the presentation and appointment process. Wayne Stair urged the City Council to consider appointing Pete Aguilar. Speaking in support of appointing Bill Turnpaugh were Brad Easter and Larry James.

A random drawing was conducted by City Clerk Poyzer, assisted by Assistant City Clerk Teresa Ballinger, to determine the order the applicants would speak. Five minutes presentations were made by: Peter R. Aguilar, Eddie Tejeda, Mark Stanson, Dennis John Mullenix II, Eric Robert Fraser, James G. (Jim) Macdonald, Roy S. Cencirulo, George D. Bartch, Brian Roche, William E. (Bill) Turnpaugh and Reyes L. Quezada.

Appointment – Nominations were opened by City Clerk Poyzer for an appointment to the City Council to complete a term ending on December 4, 2007. Councilmember Gilbreath nominated Pete Aguilar, Councilmember Gil nominated Reyes L. Quezada and Councilmember Gallagher nominated Bill Turnpaugh. The random roll call vote was as follows:

Aguilar: Councilmember Gilbreath

Quezada: Councilmember Gil
Turnpaugh: Councilmembers Gallagher and Harrison

There not being a majority vote for any one nominee, nominations were re- opened by City Clerk Poyzer for the appointment to the City Council to complete a term ending on December 4, 2007. Councilmember Gilbreath nominated Eric Fraser, Councilmember Gil nominated Reyes L. Quezada and Councilmember Harrison nominated Bill Turnpaugh. The random roll call vote was as follows:

Turnpaugh: Councilmembers Harrison and Gallagher

Fraser: Councilmember Gilbreath
Quezada: Councilmember Gil

There not being a majority vote for any one nominee, nominations were re- opened by City Clerk Poyzer for the appointment to the City Council to complete a term ending on December 4, 2007. Councilmember Gallagher nominated Pete Aguilar. Councilmember Gil nominated Reyes L. Quezada. The random roll call vote was as follows:

Aguilar: Councilmembers Gallagher, Gilbreath, Harrison and Gil Quezada: None

By unanimous vote, Pete Aguilar was appointed to the City Council to complete a term ending on December 4, 2007, and the Oath of Allegiance was administered to Mr. Aguilar by City Clerk Poyzer. Councilmember Aguilar expressed his appreciation for having been appointed to this position and pledged to do a good job of representing the citizens of Redlands.

The City Council meeting recessed at 7:17 P.M. and reconvened at 7:30 P.M.

PRESENT Jon Harrison, Mayor
Pat Gilbreath, Mayor Pro Tem

Gilberto Gil, Councilmember Mick Gallagher, Councilmember Pete Aguilar, Councilmember

I remember sitting behind Pete Aguilar.  I remember being surprised that there were two votes that were deadlocked, leading to a third vote.

We will see what happens this time.

Downtown Redlands and Walkability

By Michael Reiter, Attorney at Law

When I moved from West Redlands to Downtown Redlands, I found that it was much easier to walk to lunch.  The Walk Score is listed as

84 Very Walkable

Most errands can be accomplished on foot.

Today, on a particularly clear 68 degree day, I was able to walk from 300 E. State Street to the Citrus Village Shopping Center.  By contrast, my old address had a Walk Score of 48 (Car Dependent). Even though I would walk when the weather was nice, it had a lot of bad or non-existent sidewalk, a lack of marked pedestrian crossings, and since the start of the Alabama widening, a complete nightmare.

Putting aside debates about sustainability, I have a personal preference to walk around a downtown like Redlands’ downtown because I can patronize local businesses with ease. You cannot truly know a City until you have been able to walk it a ground level.

Also, when a business neighborhood, like downtown Redlands is walkable, it allows you to park once and visit a variety of stores, restaurants, or businesses without having to move your car.

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

Former Assistant City Attorney Michael Reiter Eyes Council Seat – Redlands Daily Facts

Today, the Redlands Daily Facts published an article on my application to be the next Redlands City Council Member.  The story is here.

 

The use of Dr. for People who have earned JDs

By Michael Reiter, Attorney at Law

You may have read the stories in the local press about the President of San Bernardino Valley College using “Dr.” before her name.  As of today, the page linked above is titled “Meet the President of SBVC, Dr. Gloria Fisher.”

The controversy is that the doctorate comes in the form of a juris doctor degree from a California accredited law school.

What does the world think of using Dr. for those with juris doctor degrees?

JDs are the primary degree for graduates of law school in the United States at this time. You will sometimes see people who went to law school, but are not licensed used it at the end of their name, for example, John Smith, JD.  In fact, on the page linked above, the note is signed, “Sincerely, Gloria M. Fisher, J.D. [,] President”

A good overview of a non-legal perspective on the issue is from this blog post from the Economist.

A good argument is made in a post from the legal blog “Above the Law”: Any Lawyer Who Calls Himself ‘Doctor’ Like a Ph.D. Should Get Punched In The Mouth

I am a part-time instructor of code enforcement law at Santiago Canyon College.  I get paid more with a juris doctor degree (which is treated like an MA), but I assure you I have never, and will never, use Dr. before my name

‘The use of the term “Esquire” is another topic (briefly discussed in the Above the Law post) for another day.

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

“This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.”

By Michael Reiter, Attorney at Law

In California, the Rules of Professional Conduct apply to attorney conduct.  In particular, attorneys should not guarantee, warranty or predict an outcome.

The standards adopted by the State Bar of California pursuant to Rule of Professional Conduct Rule 1-400 prohibits, in pertinent part:

“(1) A “communication” which contains guarantees, warranties, or predictions regarding the result of the representation.

(2) A “communication” which contains testimonials about or endorsements of a member unless such communication also contains an express disclaimer such as “this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.”

Even if this was not part of the Rules of Professional Conduct, it would be a very bad idea to promise clients anything.  In my written fee agreements, which are based off the models on the State Bar’s website, and in its book The California Guide to Opening and Managing a Law Office,  I use this language:

” 13. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in Attorney’s statements to Client will be construed as a promise or guarantee about the outcome of this matter. Attorney makes no such promises or guarantees. There can be no assurance that Client will recover any sum or sums in this matter. Attorney’s comments about the outcome of this matter are expressions of opinion only. Client acknowledges that Attorney has made no promise or guarantees about the outcome.”

The original can be found on Page 139 of the 2008 edition of the California Guide to Opening and Managing a Law Office, published by the State Bar of California.

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

Waldo Willhoft, City Attorney of San Bernardino

This post was originally written in October 2013, but never published.

Last night was the San Bernardino County Bar Association’s Annual Installation & Awards Banquet at the National Orange Show in San Bernardino.  The back of the program has the Past Presidents of the San Bernardino County Bar Association’s Past Presidents from 1875-1913.  Of interest to me was the 1960-1961 President, Waldo Willhoft.

I knew that Waldo Willhoft was City Attorney of San Bernardino for one term, from 1951 to 1955.  In 1955, the Charter was amended to make the City Attorney a full-time position.  Here’s what else I have learned about Waldo Willhoft:

Waldo Willhoft, J.D. ’30, was elected City Attorney of San Bernardino, Calif., by a precedent-shattering write-in campaign, which commenced forty-eight hours before the election last spring and resulted in a write-in vote of 8,642 for Willhoft and 4,659 for the incument [H.R. Griffin].  Mr. Willhoft’s first act upon taking office was to appoint as his Deputy his office associate, A.J. Flory ’48. Both men are continuing in the private practice of law at 415 Andreson Bldg. San Bernardino.

The [University of] Michigan Alumnus, Volume 58, Page 30.

You can see an example of Mr. Willhoft’s stationary in Ordinance 1980, which gives his Andreson Building address.

According to the State Bar of California, his full name was Waldo Oscar Willhoft, he was admitted in June 1931, and his bar number was 12549.  He was born on August 14, 1903 in Nebraska City, Nebraska.   He died on July 11, 1982 in San Bernardino.  His father was Herman Willhoft, a cabitnet maker, and his mother was Marie Vitzikam.

He is buried in Encampment Cemetery in Carbon County Wyoming with his wife, Mildred Parkinson Willhoft, who lived from 1906-1997. According to the 1930 University of Michigan Michaganenesian Yearbook, he received an LLB in Law, he was from Nebraska City, Nebraska, and was a member of the Lawyer’s Club, Sigma Tau Delta and the Michigan Law Review.  After Michigan, he became associated with a fellow Michigan alum, Charles J. O’Conner, Class of 1900 of O’Conner & Findlay in the Arcade Building in Colton.  He wrote a book in 1929 published by Prentice Hall, called Modern Debate Practice and was the former debate coach in Peru, Nebraska.

In 1936, he lived at 1058 North 8th Street in Colton at the Porter Apartments with his wife Mildred. He was listed as the City Attorney of Colton and his office was at 159 North 8th Street in Colton.  By 1949, he had moved to San Bernardino, and lived at 741 24th Street, and worked at 320 North E Street, Room 415.  In other words, he worked in 415 Andreson Building.

Later, Waldo Willhoft served as special counsel for the Redevelopment Agency of the City of San Bernardino regarding the Meadowbrook Project and related litigation (including Andrews v. City of San Bernardino, (1959) 175 Cal.App.2d 459). RDA Minutes, June 2, 1960, and as acting Agency counsel, May 3, 1962 and again in 1964 in the absence of William J. Ward, Agency Counsel.

Prior to being elected City Attorney for San Bernardino, Waldo Willhoft was City Attorney for the City of Colton as early as 1934, as seen in the case of American Co. v. City of Lockport (1934) 220 Cal. 548.

 

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