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

    Superfluity does not vitiate

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

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

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

    But, we are all proud to endorse him.

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

     

    Judith Valles                              Tom Minor                                            Evlyn Wilcox

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

    Honorable Paul Bryant                    Honorable Stanley W. Hodge                    Honorable John Wade

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

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

    San Bernardino Police Dept.                                                                                 San Bernardino Police Dept.

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

    San Bernardino Police Dept.                                                                                             San Bernardino Police Dept.

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

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

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

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

    To the left of the quotes from the judges is this blurb from the San Bernardino Sun:

    Penman cleared in illegal contributions probe

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

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

     

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