Third James F. Penman for San Bernardino City Attorney November 8, 2011 Mailer

By Michael Reiter, Attorney at Law

A preface: Why We Try To Keep Partisan Politics Out of These Postings. These posts are provided as  a public service  to inform the voting public about who is running and what they are saying.  If I get it, this blog posts and comments about the campaign material.   With the dearth (and death) of good reporting coming from our local newspapers, this may be one of the few places to get neutral reporting about the candidates.

The third mailer from the Jim Penman for City Attorney 2011 campaign has arrived, quick on the heels of the first mailer.  This mailer is in color and is four pages long.  Here is page 1, page 2, page 3, and Page 4.

Page one, or the cover of the mailer, has a manila  folder labeled “The People of San Bernardino vs.Politician David McKenna” with the headline in red letters: “UNFIT for Public Office”

The case file theme continues as the reader opens up the mailer.  Again, in red, “The People vs. Politician David McKenna”

The flier continues:

Exhibit A: Financial Misconduct

  • David McKenna was forced to resign as San Bernardino County Public Defender after he was caught illegally spending millions of dollars.
  • McKenna admitted that he “intentionally violated” county rules by spending public monies without authorization because he knew the County “would turn down his requests.

A quote from the Press-Enterprise from January 1999 reads “Public defender to resign today” By David Wert – January 1999:

San Bernardino Public Defender David McKenna under pressure from the Board Supervisors after disclosing that [highlighted in yellow]  he had intentionally violated county spending policies for nearly a decade, [end yellow highlighting] on Thursday notified the county that today will be his last day on the job . . .

“He was violating county policy for years,” said Supervisor Fred Aguiar.  “… it’s imperative that the Board of Supervisors appoint a public defender we have confidence in.  Someone who complies with all the regulations of the county.”

The third City Attorney Jim Penman mailer continues with a quote attributed to the Inland Empire Taxpayers Association which reads “McKenna’s arrogant and unethical behavior as County Public Defender disqualifies him from holding a position of trust in city government.”

Starting on the bottom of page 2 and continuing to page 3 reads:

Exhibit B: Lack of Integrity

  • David McKenna sent an unsolicited email to thousands of San Bernardino voters which falsely accused City Attorney Jim Penman of taking campaign funds from the scandalized Colonies Developers
  • Those Developer monies were actually used to OPPOSE City Attorney Penman who is known for his hard-line stand against political corruption.

There is another quote from the Press-Enterprise titled “McKenna apologized for erroneous email” by Brian Rokos, dated August 2, 2011.

San Bernardino city attorney challenger David McKenna today phoned incumbent Jim Penman to apologize for an email McKenna sent to 6,000 people that inaccurately said Penman’s campaign for city attorney in 2007 received $8,605 in “Colonies scandal payoff money.”

[Yellow highlighting] The money … actually was an independent expenditure … opposing Penman’s election.

The flier continues on page 3 with the text “Exhibit C: Soft on Crime”

  • Since 1983, McKenna has represented criminals as Public Defender and a Private Defense Attorney.
  • McKenna says that, if elected, he will eliminate City Attorney investigators even though it means reducing enforcement measures against street gangs.

Next to the Exhibit C text is a picture of facsimile San Bernardino police badge and shoulder patch.  “‘The last thing San Bernardino needs is a pro-parolee, soft on crime City Attorney like Mr. McKenna.’ Mike Reynolds San Bernardino police Detective.

The third page of the  flier finishes with “The Verdict Is Clear! David McKenna is unfit to serve as our City Attorney.”

The fourth page of the flier says, in red letters “You Just CAN’T Trust Politician McKenna!”:

LIED about his residency                                   ——–>                  FACT: McKenna is a carpetbagger

On his Facebook Page, McKenna says                                             McKenna has not lived in San Bernardino for many years.  He moved from Sun City to San

he has “lived and worked here for decades.”                                 Bernardino on June 24, 2011 just to run for political office here.

LIED about his law experience                       ——–>                   FACT: McKenna defends criminals
McKenna told the Sun newspaper that he                                      The Riverside Law Firm where McKenna works lists him as “Chief Defense Counsel” on its

did most of his legal work on “civil                                                   Corporate website.

litigation and family law.”

LIED about his government record                ——–>              FACT: McKenna ousted for corruption

In his official ballot statement, McKenna                                   McKenna was forced out of his County job for “intentionally” violating county spending rules and

claims he was a “reform leader” and a                                          wasting millions of taxpayer dollars.

“taxpayer’s advocate”.

Certainly, this is a hard-hitting mailer.  It hits the carpetbagger issue, the resignation from the public defender’s office (mentioned in both endorsements of McKenna from the Press-Enterprise and the Sun.  The design is very clean and not too cluttered with facts.   The only other thing expected is tying David McKenna to Mayor Pat Morris, a figure that no one is linking themselves with at this time, except Tobin Brinker.  Perhaps that is for future mailers, perhaps with a quote from David McKenna from the Rotary City Attorney forum wherein he said that he knew nothing about the San Bernardino International Airport except that it was an airport.  That would work with the carpetbagger theme and tying David McKenna to Mayor Patrick Morris.

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

Esther Jimenez for San Bernardino City Clerk Mailer

By Michael Reiter, Attorney at Law

City Clerk Candidate Esther Jimenez has published a mailer on her Facebook page.  Here is the front of the mailer, here is the back of the mailer.

The front (or what I call the front, the side without an address), has a series of three photographs under the title “Life of Service . . .” in script letters.

The first photograph is Esther Jimenez with 5th District County Supervisor Josie Gonzales, titled “National Night Out Promoting Safety with Supervisor Josie Gonzales.” The second photograph says “Salute to the Route Commemorating our Veterans.”  The third photograph says “San Bernardino Beautification Day Pitching in on community clean up.”

In the middle of the front is a text box with the title “Esther’s supporters include:”

Senator Gloria Negrete-McLeod

32nd Senate District

Assembly Member Wilmer Amina Carter

62nd Assembly District

Chairman James Ramos

San Manuel Band of Mission Indians and San Bernardino Valley Community College Board Member

Dr. Hardy Brown

Owner of the Black Voice News

Dr. Tom Rivera

Retired CSUSB Associate Dean, Undergraduate Studies

Eloise Reyes

Attorney

Gloria Macias Harrison

President of Crafton Hills Community College

Tim Prince

Attorney

Dr. George Small

Private Practice

Frank Schnetz

Business Owner

Dr. Barbara Stanfield

Private Practice

Frances Grice

Life-long San Bernardino Resident and Community Leader

On the right side of the mailer is another text box with a picture of Esther Jimenez.  The bullet points say:

  • Born and raised in San Bernardino
  • Graduate of San Bernardino Valley College and University of California, Riverside
  • Senior Legislative Assistant for the State of California Assembly
  • Experience with local, county, state and federal legislation, codes and statutes
  • A person of integrity: Selected by Supervisor Josie Gonzales and received the “Herstory  Award” from the SB County Commission on the Status of Women; “Citizen Achievement Award” from the League of Women Voters of San Bernardino, and other acknowledgements throughout her decades of community service.
  • Truly INDEPENDENT and NOT beholden to any other elected City Official

The text box continues:

Vote for . . .

Integrity

Transparency

Independence

Vote Esther Jimenez for City Clerk!

The back of the mailer has the following text:

IMPORTANT VOTER MESSAGE!

Esther Jimenez will bring . . .

Indepenence

Integrity

Honesty

Transparency

to the office of City Clerk

Vote November 8th Jimenez San Bernardino City Clerk

 

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

Why We Try To Keep Partisan Politics Out of These Postings

By Michael Reiter, Attorney at Law.

In the run-up to the Iraq war in 2003, factions in the City of San Bernardino wished to debate the merits and demerits of such an invasion.  City Attorney Jim Penman wrote a piece called Why We Try To Keep Partisan Politics Out of City Council Meetings, which to this day [Update: As of the writing of the post. It was removed after Jim Penman was recalled] is on the City Attorney’s official website.  By partisan, the City Attorney was referring to Republicans and Democrats national politics versus nonpartisan local California offices.

Here, in the nonpartisan elected world of the City of San Bernardino, there are hyper-partisans of a different kind.  Not in the sense they are acting in the interest of national political parties, but they are ruling by faction versus determining issues facing the City of San Bernardino on a case-by-case basis.  President George Washington, in his Farewell Address in 1796, warned of the evils of factions:

 Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the spirit of party, generally.

This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes in all governments, more or less stifled, controlled, or repressed; but, in those of the popular form, it is seen in its greatest rankness, and is truly their worst enemy.

The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries, which result, gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of Public Liberty.

Without looking forward to an extremity of this kind, (which nevertheless ought not to be entirely out of sight,) the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it.

It serves always to distract the Public Councils, and enfeeble the Public Administration. It agitates the Community with ill-founded jealousies and false alarms; kindles the animosity of one part against another, foments occasionally riot and insurrection.

I have been accused by supporters of the City Attorney of being a  secret David L. McKenna supporter, and a staunch Pat Morris supporter and former appointed official felt the need to write to me and say that City Attorney Jim Penman was terrible and had to go.  I think it is a testimony to my neutrality is that both sides think I support the other.  As a local small businessman, I am independent and neutral, because I have to work with all sides in the City, no matter who is in power.

All of these people have failed basic reading comprehension because these posts have a neutral viewpoint that is based on facts, not hyperpartisan posturing.  If the reader wants that kind of us-versus-them, if you’re not with us, you’re against us tribalism, there are plenty of local blogs that fill that need to reinforce existing prejudices.  That reader can blather on in the comments sections of the local papers and the Facebook page echo chambers of the various local factions.

The analysis found here is a continuation of my years of public service, from my time as an attorney at Legal Aid Society of San Bernardino, to my time in the trenches as a Deputy City Attorney for the City of San Bernardino, to my years as Assistant City Attorney for the City of Redlands.  The San Bernardino Sun is virtually ignoring the City Clerk’s race, even though the Clerk is an important government function.  The local press has abandoned any pretense of investigative journalism, and has turned to using Twitter and distilled news into 140 characters or less.  These posts are for people who do not have sufficient information to make basic political choices and those interested in going beyond 140 characters or less. We, as a community and as a community service, must fill the void that is left in the digital age, and we have tools to do so that did not exist even fifteen years ago.

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

Gigi Hanna For San Bernardino City Clerk Video Candidate Profile

By Michael Reiter, Attorney at Law

The Gigi Hanna for San Bernardino City Clerk campaign contacted me with the link to her video profile recorded for Channel 3/Inland Empire Media Group:

YouTube is an inexpensive way to reach voters, particularly those that do not have cable, such as DirecTV or Dish Network viewers.   Tobin Brinker is a big user of YouTube, averaging about 60 views for his 2011 videos.

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

Re-Elect San Bernardino City Attorney Jim Penman 2011 Mailer Number Two

By Michael Reiter, Attorney at Law

The second mailer from the Jim Penman for City Attorney 2011 campaign has arrived, quick on the heels of the first mailer.  This mailer is in color and is four pages long.  Here is page 1, page 2, page 3, and Page 4.

This mailer continues the themes of City Attorney Jim Penman’s election campaign.  On  the front, the mailer again emphasizes the theme  “The People’s Watchdog.”   To emphasize the point, an aggressive dog breed is draped in the American flag, and there are some clip-art animal paw prints.  Below the motto, is a graphic, in the style of a campaign sign, “City Attorney Jim Penman Integrity You Can Trust!”

The second and third pages are very busy.  Page 2 is headlined “Our Voice For Accountability.”  The main text of Page 2 reads:

City Attorney Jim Penman is dedicated to protecting the citizens of San
Bernardino and holding city leaders accountable.
The voters’ decision to reject Measure “O” and serving as the People’s
Watchdog made Jim unpopular with some politicians at City Hall. But
Jim answers TO YOU, the voters, not those politicians.

  • PROTECTING YOUR RIGHT TO VOTE

When politicians tried to take away our right to vote on city offices
last year, Jim Penman stopped them by leading the campaign to
defeat Measure C.

  •  STOPPING CORRUPTION

When city officials attempted to use their positions for personal
financial gain, Jim Penman took action. One Councilman was
forced to resign in February 2011 and others are still under
investigation.

  •  CLEANING UP BLIGHT

When slumlords ignored community concerns about blight, Jim
Penman took action. He forced them to clean up 256 slum
properties. and generated $1 million dollars in new revenues for
the city taxpayer, imposing penalties on the absentee landlords.

  •  FIGHTING CRIME

Jim wrote the city’s tough new moratorium against parolee housing
and he moved swiftly to shut down the notorious “Hudson Rave
Club” to keep drugs away from our youth.

Page 2 also has quotes from former Judge Craig Kamansky.  “I’ve known Jim Penman for many years and I have the highest regard for his integrity, his professionalism and his commitment to the community.”  Page 2 of the second mailer also repeats the quote from the first mailer from San Bernardino Police Officers Association President Steve Turner.  Above Steve Turner’s quote is a graphic stating “VOTE NO ON MEASURE C STOP CORRUPTION” with the legend “Nov. 2010 ballot measure rejected by voters by more than 60%.”

Below the Steve Turner quote is a picture of the City Attorney with a man in a jacket that says “POLICE.”

Page 3 is similar to Page 2 in design, though slightly less busy.  Its theme is “A Lifetime of Dedication” focusing on City Attorney Jim Penman’s experience.

  • MILITARY

United States Army Reserve. Member of American Legion Post 777.

  •  LAW ENFORCEMENT

As a Prosecutor, Jim has earned state-wide recognition for his
effectiveness in using injunctions and crime sweeps to crack down
on street gangs.

  •  EDUCATION

Jim served two terms as President of the Cal State San Bernardino
Alumni Association, and was A.S.B. President while an
undergraduate.

  • FIREFIGHTER

Jim worked his way through college at
Cal State San Bernardino as a Firefighter
with the Muscoy Fire Protection District.

  • Community

Jim is a long-time member of the
Kiwanis Club of San Bernardino, Elks
Lodge #836, President of the Shamrock
Club of San Bernardino and a member
of the Lutheran Church of Our Savior.
He formerly served as the Resident
Executive Director for the Home of
Neighborly Service for twelve years.

An oval to the lower left hand corner of page 3 has a quote from former Mayor Evlyn Wilcox “San Bernardino taxpayers just couldn’t ask for a better champion than City Attorney Jim Penman.  He is always there for us.  There is a picture of Jim and Judi Penman in the upper right corner of page three.  Its caption says “Jim and his wife Judi are lifelong residents of San Bernardino.”  Page 3 also lists a website of www.JimPenmanSBCityAttorney.com, but as of this post, it goes to a blank GoDaddy page.  The mailer also lists the same email as last time, friendsofpenman@yahoo.com.  The lower right hand corner of page 3 is a box that states “Re-Elect Our City Attorney Jim Penman.”

Page 4 of the mailer’s theme is “Independent Leadership . . . Integrity You Can Trust.”

It has a picture of City Attorney Jim Penman on the phone with the legend “Jim Penman, Our City Attorney” with the same contact information as in the first mailer.   Below that it says “Amelia Sanchez Lopez for City Clerk” with contact information.

In short, this mailer is an overview of City Attorney James F. Penman’s themes for this election.  It reemphasizes the “People’s Watchdog” theme of mailer number one, adds in biographical information, brings up the theme of accountability and fighting corruption again, and asks for support for City Clerk candidate Amelia Sanchez-Lopez.

Based on the FPPC Form 460 disclosures, expect slate mailers supporting City Attorney Penman and additional mailers as the election and early voting approaches.

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 First Re-Elect Jim Penman Mailer In the 2011 San Bernardino City Attorney’s Election

By Michael Reiter, Attorney at Law

The first mailer from the Jim Penman for City Attorney 2011 campaign was mailed last week.   Here is the front and the back.

This mailer focuses on the themes of City Attorney Penman’s reelection campaign.  On  the front, the mailer emphasizes the overarching theme of the campaign “THE PEOPLE’S WATCHDOG AT CITY HALL.”   The front features the pictures of five supporters and a quote from Steve Turner, the President of the San Bernardino Police Officers Association.  Counterclockwise, the supporters include City Clerk candidate and Planning Commissioner Amelia Sanchez-Lopez; Joe Solis and Mary Solis who are listed as “Verdemont Community Leader;” Victorville attorney and former Judge Stanley Hodge ; and finally small business owner and former San Bernardino Area Chamber of Commerce President Jack Hill.  The quote from the San Bernardino Police Officers Association President Steve Turner says “San Bernardino Police Officers proudly support City Attorney Penman.  He is an effective partner with Law Enforcement in working to combat crime.”   The front also gives contact information: “To contact Jim call (909) 882-8986 or email: friendsofpenman@yahoo.com

The back of the mailer has in large yellow block letters on a black background “San Bernardino Residents Speak Out: “Thank You Jim Penman!”  This side of the mailer has photographs of other supporters and family members: Again, it leads off with Verdemont Community Leaders Joe Solis and Mary Solis and their children; Oscar Gonzalez and Evelyn Wilson from the 2nd Ward; 4th Ward supporters Jim Smolders and Cathy Smothers and Kathy Toy and John Toy; San Bernardino firefighter and 4th Ward resident Nathan Lopez; City Fine Arts Commissioner and 7th Ward Resident Donna Howard, and a picture of City Attorney Penman with his granddaughter, a resident of the 1st Ward.

City Attorney Jim Penman’s mailer shows a range of ethnic, age and geographical diversity.  He has identified residents of the voting wards, the 4th, 5th, and 7th Wards.  He also pictures residents of the 1st, and 2nd Wards.  If any of the people pictured live in the 3rd Ward or 6th Ward, they are not mentioned.  Neither is a particular hotbed of support for City Attorney Penman, but no doubt he has supporters in those wards.

The quotes on the front further support the themes of City Attorney Jim Penman’s reelection campaign: City Clerk candidate Amelia Sanchez-Lopez says “Our community can count on Jim Penman to stand with us.  He isn’t afraid to speak out against dishonest politicians.”  This touches on City Attorney Penman’s theme of being a City Hall watchdog and fighting corruption within San Bernardino City Hall.  Attorney Stanley Hodge says “As San Bernardino’s Independent City Attorney, Jim Penman wrote the City’s moratorium against parolee housing and took swift action to close the controversial Hudson Theater, ending the teen drug activity at that location.”  This illustrates the campaign of using the tools available to the City Attorney to fight crime.  This is important for the City Attorney’s campaign to note because the San Bernardino City Attorney’s Office does not prosecute state crime misdemeanors like some other City Attorney’s Offices.  Joe and Mary Solis touch on the theme of responsiveness and the theme of the people’s watchdog at City Hall: “Jim is very responsive to the concerns of our neighborhoods.  We couldn’t ask for a stronger champion as City Attorney.  He helped us stop several group homes in the fifth ward.”  Former Chamber President Jack Hill praises the City Attorney’s track record: “Jim has always been there to support our community.  He’s truly dedicated to making San Bernardino a batter place for all of us.”

In all, this is the first mailer you would expect from the campaign.  The City Attorney has featured newer supporters, has emphasized his support from local public safety by featuring the quote from the San Bernardino Police Officers Association and the picture of Firefighter Nathan Lopez, features recent accomplishments like the Hudson Theater injunction, and is very positive.

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

PSA: San Bernardino City Election Forum For City Attorney and City Clerk Candidates September 27, 2011 7:00 p.m. 300 North D Street, San Bernardino

By Michael Reiter, Attorney at Law

There will be another candidate forum on September 27, 2011, sponsored by the San Bernardino Area Chamber of Commerce, for the candidates for San Bernardino City Attorney, incumbent City Attorney James F. “Jim” Penman and former Public Defender and County Supervisor David L. McKenna at 7 p.m., in the Council Chambers, 300 North D Street, San Bernardino, CA 92418.  At 8 p.m., there will be a forum for the City Clerk candidates, Gigi Hanna, Peggi Hazlett, William Valle, Amelia Sanchez-Lopez and Esther Jimenez.

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

Possible Legal Issues of Joint Campaign Signs in the San Bernardino City Clerk and City Attorney November 2011 Elections

By Michael Reiter, Attorney at Law

This weekend, joint James F. Penman for City Attorney and Amelia Sanchez-Lopez for City Clerk signs popped up in San Bernardino.  Are there any issues in having joint signs?  I cannot remember a specific race that I can point to where there have been joint campaign signs, though a web search shows that they exist in other jurisdictions.  In local, non-partisan races, I can see such a move to be beneficial when a group of candidates want to run together as a reform slate, such as in a recall election, or a city council or school board election where a majority of the council or board can change in one election.

As far as legal issues, the ones that immediately pop into mind are sign code issues (being jointly responsible for the placement of your sign if it violates a sign ordinance (such as being in the public right-of-way).  Presumably, should that happen, both candidates could be held responsible for violating the code.   The other issue could be a campaign disclosure of in-kind contributions.  Say, for example, one well-known, well-financed candidate is paying for the sign, and the other, less-experienced, less well-funded candidate is piggybacking on the sign of the other.  There would need to be campaign disclosures of the in-kind contributions.

The only other issue that I can think of has created a joint sign that does not have the permission of the other candidate.  An example that I have seen online is when someone had a joint sign with a presidential candidate wherein the presidential campaign did not give permission for the sign.

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 Number One Issue in the San Bernardino City Clerk’s Election in November 2011

By Michael Reiter, Attorney at Law

The City of San Bernardino City Clerk’s Office is currently responsible for maintaining and updating the Municipal Code.  While, as I discussed before, the online municipal code is not authoritative, and should not be relied on, good government dictates that cities maintain a fairly up-to-date online municipal code.  Yet, as of the date of this post, the online City of San Bernardino Municipal Code was last revised on November 2, 2009.  This may not be the number one issue in the San Bernardino City Clerk’s Election in November 2011 for the candidates, but it should be.

My recent dealings with the San Bernardino City Clerk’s Office, and indeed my dealings in almost five years as a Deputy City Attorney for the City of San Bernardino, have been good.  When I asked for a copy of the garage sale ordinance, it was emailed to me right away.  They also very promptly presented me with a copy of David L. McKenna’s campaign filings in person.  I recently filed a batch of Government Claims with the City Clerk’s Office, and the staff was professional and courteous.  This is contrast to other dealings with local public entities, such as found in my post, How Not To Handle Government Claims.   The retiring City Clerk, Rachel Clark, was always very nice to me during the duration of my time with the City and after.

However, in this day and age, the online San Bernardino Municipal Code should be online because it takes time away from staff to have to provide updated information not available online.   If the City Clerk’s Office is not open, the public should be able to find out about the current code.  Lastly, even though no one should rely on an online municipal code, nor can they rely on an out-of-date municipal code. If you cannot easily find the current law, how can a resident obey the law?

If the City Clerk’s Office does not have the resources to update the code online, then it should be sent out to a private company.  I am not sure when the codification came in-house, but the City Clerk’s Office handled codification during my entire tenure at the City Attorney’s Office.  Looking at the online code, this was not always the case:

San Bernardino Municipal Code section 1.01.010 Adoption.
Pursuant to the provisions of Sections 50022.1 through 50022.8 and 50022.10 of the Government Code, there is adopted the “San Bernardino Municipal Code” as published by Book Publishing Company, Seattle, Washington, together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary codes as are deleted or modified by the provisions of the “San Bernardino Municipal Code.” (Ord. 3981 §1, 1980.)

As far as I can tell, Book Publishing Company or BPC was acquired in 2001, so it no longer exists.  Yet, the Municipal Code still lists it as the Code’s publisher, and as I discussed, it was not the Code’s publisher in 2001, and possibly even before.

In 2011, there is no excuse not to have an accurate online code with timely updates.  Hopefully, the next City Clerk will immediately rectify the situation

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

Contact Information for City of San Bernardino Candidates Election 2011

By Michael Reiter, Attorney at Law

[Updated October 18, 2011]

The City of San Bernardino’s municipal election in November 2011  is very important to the people of San Bernardino.  Traditionally, there has not been a lot of quality information, and as local news-gathering diminishes, I thought, as a public service, I could provide a list of contact information.  I was frustrated a few years ago in a “Pick 4” election for a school board.  I knew two of my votes, but rather than undervote, or randomly vote, I tried to find information about the other people running for office.  It was very difficult to do.  In our online age, that should no longer be an issue.  In that spirit, here is the contact information that I have so far as of October 18, 2011 for the November 8, 2011 election.  I am including the contested races.  The phone numbers and email are from the public internet, usually the campaign website or the public Facebook Info Page.   If any candidate wants any of this information changed, updated or removed, I will do so upon contact by the campaign.  Once again, the order is the same as on the San Bernardino Registrar of Voters Candidate list :

City of San Bernardino Third Ward

Tobin Brinker:  Website, Facebook. As of the morning of October 7 2011, there is no phone number on the official campaign website,  Email.

John Valdivia:  WebsiteFacebook,  Phone number: (877) 825–3270, Email.

City of San Bernardino Fifth Ward

Chas Kelley: Friends of Chas Kelley sent a letter with a magnet.  The magnet says, among other things, “Visit Chas on Facebook,” but I’m still unable to find a Facebook profile for Council Member Kelley as of October 7, 2011.  The magnet also gives a Phone Number: (909) 648-3506 and an Email.

Larry A. Lee:  Website, FacebookEmail.

City of San Bernardino Seventh Ward

Wendy McCammack does not appear to have an online campaign presence at this time.  I was unable to locate an email address nor a phone number as of October 18, 2011

Jim Mulvihill: Facebook,  Phone Number (from public Facebook Page): 909-886-1333, Email.

City of San Bernardino City Clerk

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

Peggi Hazlett:  Facebook, as of October 6, 2011, no other information.

Esther Jimenez:  Facebook, Email.

Amelia Sanchez-Lopez:  WebsiteFacebook, 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.

City Attorney

David L. McKenna:  Website, Facebook, Phone Number from Campaign Flier and Campaign Website: (909) 264-9021, Email.

James F. “Jim” Penman: Website (as of 10/18/2011, not yet functional, but mentioned in second mailer), Phone Number from Mailers: (909) 882-8986, Email.

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