The Results of the 1995 San Bernardino City Municipal Primary: City Attorney Election

By Michael Reiter, Attorney at Law

I have been researching the history of the City Attorney’s Office in San Bernardino.  In the past, I have written a post which touches a little about the history of the City Attorney’s Office in San Bernardino, but I haven’t published a full history of the office.

In my series about past election results, I included data from past elections that was available from the San Bernardino Registrar of Voters.  I wrote “online sources say that City Attorney Penman beat Stan Tomlinson by a 3 to 1 margin in 1995.” Yesterday, pursuant to a California Public Records Act Request, I received a copy of the results of the 1995 election.  3 to one would be by 75 percent, but it was not quite 75 percent.

I have created a database of the City Attorney elections from 1907 to present, but other than the winners, and in some case the candidates, and in the rare case actual results, it is most complete from 1987 to present. I  have added all the counts together in one data set.  If there is a blank, I don’t have data.

Race (San Bernardino City Attorney) Candidates (Winner in Bold) Name as shown in records, where available Votes Percentage
19870307 Primary Municipal Election James Frank “Jim” Penman
Ralph H. Prince
19910305 Primary Municipal Election James Frank “Jim” Penman
19951107 Primary Municipal Election Jim Penman 9305 72.82
Stan Tomlinson 3472 27.17
No Vote Recorded 1116 Not included
19991102 Primary Municipal Election James Frank “Jim” Penman
20031104 Primary Municipal Election Jim Penman 7,999 96.11
Write-In 324 3.89
20071106 Primary Municipal Election James Frank “Jim” Penman 7,001 51.46
Marianne Milligan 6,557 48.2
Write-In 47 0.35
20111108 Primary Municipal Election James Frank “Jim” Penman 6,447 51.72
David L. McKenna 6,019                       48.28
No Vote Recorded 489  Not included

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

In-House City Attorneys in Southern California: When Were They Admitted, Where Did They Attend Law School, and What University Did They Attend?

By Michael Reiter, Attorney at Law

 

This is a continuation of my series about Southern California In-House City Attorneys in California.  This information is gleaned from open and public sources, all online, including the State of California’s website.  This may seem like very personal information, but it is not.  Each of these attorneys are public officials and public figures.  They knew the job was dangerous when they took it.

 

City Name Name of City Attorney Tenure Law School Undergrad Admitted in CA
San Bernardino County
San Bernardino James F. Penman 1987 Western State Univ. CSU San Bernardino 1980
Redlands Daniel J. McHugh 1994 McGeorge SOL Rutgers 1983
Riverside County
Moreno Valley Robert Hansen 2010 Southwestern Univ. Brigham Young Univ. 1987
Riverside Gregory Priamos 2001 Loyola Law School U.S.C. 1988
Los Angeles County
Burbank Dennis Barlow 1997 Univ. of San Diego Brigham Young Univ. 1975
Compton Craig J. Cornwell 2008 Whittier College SOL U.C. Santa Barbara 1994
Culver City Carol Schwab 1997 U.C. Hastings SOL U.C. Berkeley 1985
Glendale Scott H. Howard 1990 Southwestern Univ. U.S.C. 1976
Hawthorne Russell I. Miyahira 2009 U.C. Hastings SOL U.C.L.A. 1986
Inglewood Cal P. Saunders 2006 U.C. Hastings SOL CSU Long Beach 1975
Long Beach Robert E. Shannon 1998 U.C.L.A. SOL U.C.L.A. 1969
Long Beach City Prosecutor Doug Haubert 2010 McGeorge SOL U.C. Santa Barbara 1999
Los Angeles Carmen Trutanich 2009 South Bay Univ., Harbour City, CA U.S.C. 1979
Palmdale Wm. Matthew Ditzhazy 1994 Michigan State Univ. Univ. of Michigan 1985
Pasadena Michele Beal Bagneris 1997 UC Berkeley/Boalt Hall Stanford 1984
Redondo Beach Michael W. Webb 2005 U.C. Hastings SOL U.C. Santa Barbara 1987
Santa Monica Marsha Jones Moutrie 1993 U.C.L.A. SOL U.C.L.A. 1976
Torrance John L. Fellowes III 1993 U.S.C. Law School U.C. Irvine 1981
Orange
Anaheim Cristina Talley 2009 U.C.L.A. SOL Cal. Poly Pomona 1982
Huntington Beach Jennifer McGrath 2002 McGeorge SOL U.C.L.A. 1995
Newport Beach David R. Hunt 2008 McGeorge SOL U.C. Irvine 1983
Orange David A. DeBerry Western State Univ. San Diego State 1989
Santa Ana Joe Straka 2011 Cleveland-Marshall SOL Kent State 1987
Ventura County
Oxnard Alan Holmberg 2008 U.S.C. Law School Oberlin 1975
Simi Valley  Tracy M. Noonan 2009 Southwestern Univ. CSU Long Beach 1994
Thousand Oaks Amy Albano Albany Law School S.U.N.Y (Unknown Location) 1982
Ventura Ariel P. Calonne 2007 U.C. Hastings SOL U.C. Riverside 1983
San Diego County
Carlsbad Ronald R. Ball Santa Clara Univ. Stanford 1977
Chula Vista Glen R. Googins 2010 UC Berkeley/Boalt Hall Dartmouth 1988
Escondido Jeffrey R. Epp 1996 Univ. of Wyoming COL Univ. of Wyoming 1986
National City Claudia Silva 2010 Univ. of San Diego U.C.L.A. 1993
Oceanside John P. Mullen 2006 Univ. of San Diego U.C. San Diego 1992
San Diego Jan Goldsmith 2008 Univ. of San Diego American Univ. 1976
Vista Darold Pieper 2005 U.S.C. Law School U.C.L.A. 1971
Imperial
El Centro Luis F. Hernandez 2008 UC Berkeley/Boalt Hall Santa Clara Univ. 1979

For Law Schools, this is the tally:   U.C. Hastings has  five active in-house City Attorneys,  University of San Diego School of Law has four, McGeorge has four, Boalt Hall (U.C. Berkeley) has three, U.C.L.A. has three, U.S.C. has three, Southwestern has three, Western State University has two, Loyola, Santa Clara, Albany, Whittier, Michigan State, Univ. of Wyoming, Cleveland-Marshall, South Bay University are tied for one a piece.

I am not an in-house City Attorney, but as frequent readers of this site will note, I am a former Deputy City Attorney for the City of San Bernardino, and a former Assistant City Attorney for the City of Redlands.  Roughly, I worked about nine and a half years for those cities, and I was also a clerk in law school for the City of Santa Clara.  I graduated from the Santa Clara University School of Law and the University of California, Berkeley.  I have been admitted in the State of California to practice continuously since 1998.  In private practice, I work in municipal law both for the public and on behalf of public agencies.

Previous posts in the series of In-House City Attorneys in Southern California:

Cost Per Attorney for In-House City Attorney’s Offices in Southern California

Ratio of Attorneys to Population in In-House City Attorney’s Offices in Southern California

An Abbreviated Version of the Chart of In-House City Attorney’s Offices in Southern California

In-House City Attorney’s Offices in Southern 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.

Address : 300 E. State St. Suite 517

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

 

The Relationship Between the City Manager and the City Attorney in California

By Michael Reiter, Attorney at Law

I have worked in three cities: I was a clerk in the City of Santa Clara in an in-house City Attorney’s Office of a charter city with an appointed City Attorney; I was a Deputy City Attorney in the City of San Bernardino, with an elected City Attorney, and I was the Assistant City Attorney of the City of Redlands, a general law city with an in-house appointed City Attorney.   There was only one City Attorney and City Manager for the City of Santa Clara during my tenure, only one City Attorney and one City Administrator transformed by a charter change to City Manager in San Bernardino, yet there were two City Managers and one interim City Manager during my time as an Assistant City Attorney in Redlands.   In Redlands and San Bernardino, the same City Attorneys reign still, and the City Attorney of Santa Clara, Mike Downey only retired within the last decade after decades of service.

Typically, the relationship in a general law city between the City Attorney and the City Manager is that they are both appointed by the Council, and subject to removal by the Council.  That means they have similar interests.  Typically, both the City Attorney and the City Manager have to keep the Council happy and do their respective jobs, and only rarely will they be on the opposite side of any issue.  In the best situations, the City Attorney can assist the City Manager in accomplishing the City Manager’s duties in accordance with municipal, state and Federal law.

In a charter city, it depends on what the Charter says, but I am not aware of any Charter that subordinates the City Attorney to the City Manager.  Certainly, Santa Clara, San Bernardino and Riverside do not. Typically, the functions are separate, and the two must work together in the same way as in a general law city to meet the city’s needs, whether administratively, during budgeting and on employment matters.

An elected City Attorney, a relatively rare position, has an independent base of power granted by the electorate, subject to removal from office by regular election or recall.  This can create a different dynamic between the appointed City Manager and the elected City Attorney, because their interests are not necessarily the same.

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) 708-6055

City Attorney of the City of Hesperia

By Michael Reiter, Attorney at Law

Hesperia is a general law city in San Bernardino County’s High Desert.

As of today, the City Attorney (and Redevelopment Agency Counsel) of Hesperia is Eric Dunn. He is also the City Attorney of Perris.   In the proposed 2011-2012 budget, the City Attorney line item is $300,000. According to the proposed budget, the City Attorney “reviews Council actions and policy for legal considerations.”  City of Hesperia, Proposed 2011-2012 Budget, Page F-3.

The City Attorney is appointed by the City Council and serves as legal counsel to the City, Water and Fire Districts, and
the Hesperia Community Redevelopment Agency, as well as various commissions and committees. The City Attorney
advises elected officials and staff on legal issues relating to policy decisions, represents the City in litigation and
administrative matters, and provides necessary legal review of ordinances, resolutions, agreements, contracts, and
other documents.  Id. at F5.

 

The Budget continues:

2010-11 DIVISION ACCOMPLISHMENTS
Provided timely and appropriate legal advice on a variety of issues.
Resolved several outstanding and new litigation matters in an effective and cost-efficient manner.

Assisted in negotiation, drafting, and implementation of agreements to further economic development, capital
improvement and affordable housing programs.

2011-12 DIVISION GOALS AND OBJECTIVES
Provide legal services and advice that will limit the City’s exposure to claims for damages, and aggressively
represent the City when engaged in litigation.
Facilitate planning and land use projects and environmental review.
Provide prompt drafting and review of agreements, ordinances, resolutions and memoranda in support to the City
Council, City Manager, Planning Commission, and City departments.
Act as general counsel for the Redevelopment Agency by advising and representing the Agency Board and staff on
legal issues affecting the Agency, including economic development projects and development of housing
rehabilitation and other affordable housing programs.
Keep the City Council and City Manager informed on new legal developments affecting the City.
Continue to control costs for legal services.

The City Attorney is not mentioned in the Hesperia Municipal Code very often, except that the City Attorney is not subject to removal by the City Manager (Hesperia Municipal Code section 2.08.070(C), the City Attorney and any assistant is not subject to the personnel system set up in Chapter 2.24, and the City Council retains the right to solicit for City Attorney services in section 3.08.070(A)(4) (Purchasing).  There are other, minor references to the City Attorney, and there does not appear to be a chapter devoted to the powers of the City Attorney.  The Code refers to Government Code section 41801 et seq. regarding the City Attorney.

The budget has other legal expenses budgeted for 2011-2012.  Account 7650 is “Legal Services” and the amount budgeted is $488,500.  I am not sure if that includes the amount budgeted to the City Attorney.  Account 7563 is “Litigation Services” which is budgeted at $50,000.  Account 7565 is “Claims/Lawsuits/Settlement” which is budgeted at $50,000.   There is also account 7570, Insurance Services of $552,000.

The City of Hesperia also has an in-house Risk Management Division within the Human Resources Department.  The City of Hesperia is part of a general liability joint powers authority or authorities.

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) 708-6055

The San Bernardino City Attorney’s Office

By Michael Reiter, Attorney at Law

This blog does not deal with politics.  My clients come from across the political spectrum, and even if I have an opinion, I don’t agree with it.  When you work directly for a public entity, it is best to keep your political opinions to yourself.  When you work in the private sector, that’s also good advice.

With yesterday’s announcement of a non-incumbent seeking the position of the City Attorney, I thought I would give some legal  perspective on the Office of the City Attorney in San Bernardino.  As long-time readers of this blog know, I was a Deputy City Attorney for the City of San Bernardino for almost five years in the first half of the last decade.  I learned much of what I know about civil and criminal litigation and municipal law while a Deputy City Attorney, and I am thankful for the opportunity to serve the people of San Bernardino and the entity for that time.

As I stated in my post about elected city attorneys in California, San Bernardino has an elected City Attorney.  San Bernardino has been a charter city since 1905, and the Charter has been amended from time to time since then.  The current Charter took effect on March 6, 2006.  An annotated version can be found at the City’s website.

Charter Section 55 details the duties and function of the “office of City Attorney:”

San Bernardino City Attorney is a full-time position, and the incumbent cannot engage in private practice.  Charter, section 55(a).  The eligibility requirements is that the person elected or appointed must be a licensed California attorney, and be engaged in the practice of law for at least five years before his or her election or appointment, and must be a San Bernardino city resident and elector for thirty consecutive days before the appointment or filing of nomination papers for election or appointment.  Charter, section 55(b).  If the office becomes vacant, the vacancy is filled by the Mayor and Common Council.   The appointment is valid until the next general municipal election, and the City Attorney must be elected for the remainder of the term, or for a full term in accordance with Charter Article II.  Charter section 55(c).

The City Attorney is the City of San Bernardino’s chief legal advisor, the City Attorney “shall represent and advise the Mayor and Common Council and all City officers in all matters of law pertaining to their offices; he or she shall represent and appear for the City in all legal actions brought by or against the City, and prosecute violations of City ordinances, and may prosecute violations of State law which are misdemeanors or infractions and for which the City Attorney is specifically granted the power of enforcement by State law without approval of the District Attorney, or those violations which are drug or vice related; he or she shall also act and appear as attorney for any City officer or employee who is a party to any legal action in his
or her official capacity; he or she shall attend meetings of the City Council, draft proposed ordinances and resolutions, give his or her advice or opinion in writing when requested to do so in writing by the Mayor or Common Council or other City official upon any matter pertaining to Municipal affairs; and otherwise to do and perform all services incident to his or her position and required by statute, this Charter or general law.” Charter section 55(d). I have not paraphrased the majority of San Bernardino Charter section 55(d) because there are actual political disputes about the wording found in the Charter.  I will not recap those disputes, but the reader can see the black letter law of the Charter.   The ability to prosecute violations of State law are not currently being used.  Some larger cities use the City Attorney’s Office to prosecute misdemeanors.  While I never encountered it in San Bernardino, in Redlands, I would get calls from Los Angeles attorneys about DUIs.  In San Bernardino (city and county), those are prosecuted by the District Attorney’s Office.  To the extent that state law misdemeanors were ever prosecuted by the City Attorney’s Office in San Bernardino, my understanding is that duty was taken over by the San Bernardino District Attorney’s Office in the early 1980s.

The City Attorney’s salary is fixed by the Mayor and Common Council, but it can’t be less than $7,500.00 a year.  The City Attorney shall be provided with office space and equipment, and clerical help by the City.  Charter section 55(e).

The City Attorney is mentioned elsewhere in the Charter, particularly the Article regarding the City Manager.  However, the core functions of the elected city attorney are found in the City Charter.

Section 55 of the Annotated San Bernardino City Charter has the following annotations:  “(Scott v. Common Council (1996) 44 Cal.App.4th 684, 686, 696, regarding Section 55 (d).) (City
Attorney Opinion No. 96-3; City Attorney Opinion No.89-11; City Attorney Opinion No. 87-59; City Attorney Opinion No. 87-36).”   Scott v. Common Council can be found in the California Appellate Reports 4th, volume 44, page 684, which can be found in most California libraries and law libraries.  The City Attorney Opinions are available from the City Attorney’s Office.  I would accord them a weight equivalent to the California Attorney General’s Opinions.   I think they would lend some persuasive authority to any legal brief.  I have not seen any of them since I was a Deputy City Attorney for the City of San Bernardino.

As the election season goes on, I may provide some more insights into the legal structure of the San Bernardino City Attorney’s Office.

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