San Bernardino City Attorney’s Office

    In my last post, I described that I did not know much about Gary Saenz, the San Bernardino Attorney running in the recall election on November 5, 2013 in San Bernardino.  In order for Gary Saenz to be elected to fill out the remaining term of City Attorney James F. “Jim” Penman, first voters, by a majority, must vote to recall City Attorney James F. “Jim” Penman, Gary Saenz must get more votes then San Bernardino Attorney Tim Prince, and Gary Saenz must qualify for the position after his election.

    At this point, September 19, 2013, at 10:33 a.m., I have not found a campaign website for Gary Saenz.

    By searching the membership records at the State Bar of California online, I found this information:

    Gary David Sanez, State Bar Number 79539, is an active member of the State Bar of California, admitted on April 28, 1978 and active from that date on.  His undergraduate school was San Diego State University, San Diego, California, and his law school was University of California, Los Angeles (UCLA) School of Law.  He has no public record of discipline, and no public record of administrative actions.

    The top result in Google for his law firm is a Facebook result. There are other similar social media sites that are largely devoid of information except for an address and a phone number.  The address of his law firm near 1oth Street and D Street, when run through the Tax Collector’s website, states that Gary Saenz owns the property as a tenant in common, with Ronald Saenz and Robert Saenz.

    This Likedin profile states that Gary Saenz is an attorney at Saenz Realty.

    What about the local media, what do they have to say about Gary Saenz?

    In a post dated September 6, 2013 at 6:40 p.m. Pacific Daylight Time, Ryan Hagen of the Sun posted an article named”Eight candidates qualify for San Bernardino recall election.” The article provides the following information regarding Gary D. Saenz:

    “I see a tremendous need for a competent attorney to run as the city attorney,” Saenz said. “I see a need for an attorney whose intentions are to do just that: to be an attorney for the city and not to be a politician.”

    Saenz has experience primarily in real estate law, although some cases have involved representing individuals in bankruptcy court. He said the city should hire outside attorneys who specialize in certain areas — as the city has already done with its bankruptcy case.

    “What a good manager does is rely upon other people who are skilled in administering an office, for example, and who are knowledgeable in areas where I am not as knowledgeable, such as public law,” he said. “It would be my intention to have the right staff person or contract attorney, and make sure everything that crosses the desk is a good fit for the city of San Bernardino.”

    Saenz has lived and practiced law in the city for more than 30 years and has volunteered as a library trustee, Equal Opportunity Employment Commission and other charitable organizations as well as a judge pro-tem for San Bernardino County Courts, according to his ballot statement.

    The next online information about Gary Saenz is included in an article posted on September 16, 2013 at 5:09 p.m. Pacific Daylight Time, written by Ryan Hagen of the Sun, named “San Bernardino city attorney candidate Tim Prince called hypocritical

    The article has the following to say about Gary Saenz:

    By contrast, a 2007 policy by San Bernardino Superior Court Judge Larry Allen based on state ethics rules specifically prohibits using the term on a candidate statement that is mailed to voters, as Gary Saenz did until instructed to change it by City Clerk Gigi Hanna.

    . . .

    Saenz maintained that using the term was a technicality that should have no bearing on voters.

    “I have to maintain that this is simply not a pertinent issue to this election,” he said in an email. “It wasn’t an issue when it related to me, and I don’t feel any differently now that it involves Mr. Prince.”

    The change to Saenz’s candidate statement was one of four requested by elections officials, including a change to Prince’s statement.

    That story was in response to a story posted on September 12, 2013 at 5:59 p.m. Pacific Daylight Time by Ryan Hagen of The Sun, “San Bernardino city attorney candidate revises statement,” Gary Saenz is quoted:

    “To say this is a trivial matter is an understatement,” Saenz said in an email. “No one expects an attorney to keep up on laws about judges, especially when one is no longer a judge. But that doesn’t stop my opponents looking for minutia to try and create a political issue.”

    . . .

    By Ryan Hagen, The Sun

    Posted: |

    SAN BERNARDINO >> A candidate for city attorney was forced to change the statement that will be sent to voters in the recall election after the current city attorney pointed out that Gary D. Saenz was not allowed to say that for more than 10 years he had served as “judge-pro-tem.”

    Use of that title — or “temporary judge” as they’re now known — in political ballot statements is specifically forbidden on a two-page policy on temporary judges that San Bernardino Superior Court Judge Larry Allen sent to all temporary judges in 2007.

    That was several years after Saenz, who is primarily a real estate attorney, says he stopped being a judge pro tem.

    “To say this is a trivial matter is an understatement,” Saenz said in an email. “No one expects an attorney to keep up on laws about judges, especially when one is no longer a judge. But that doesn’t stop my opponents looking for minutia to try and create a political issue.”

    According to emails, Penman informed the city clerk’s office that the term was not allowed and City Clerk Gigi Hanna on Wednesday asked Saenz to remove it from his candidate statement. Saenz sent a revised statement — the same as his previous 11-sentence statement but without the sentence mentioning he had been judge pro tem — later that day.

    Saenz has said he would use deputies or contract attorneys to offer advice on specialized areas of law with which he was not familiar, and said this incident shows why a non-politician should hold the office.

    “It is politics as usual from a seat in City Hall that simply should not be political,” he said. “It is exactly why I am running – to remove the political gamesmanship from the City Attorney office.”

    I do not have access to the Sun’s archives, but Gary Saenz is mentioned in the following stories:

    The Sun, September 14, 2003, Alan Schnepf,  “Ex-Waitresses order a reunion” about Nena’s in San Bernardino,

    The Sun, April 15, 2005, David Schwartz,  “Library board looking for book budget funds” where Gary Saenz is quoted as the San Bernardino Public Library Board Vice President.

    The Sun, June 5, 2008, Robert Rogers”A symbol of possibility,” a story about Robert F. Kennedy’s visit to San Bernardino on May 29, 1968, which states in part that “When RFK visited San Bernardino on May 29, a then-16-year old Eisenhower High School student named Gary Saenz tailed the campaign, taking photos . . .”

    The Sun, February 19, 2005, David Schwartz, “Proud to be on A-list” regarding restaurant inspections, Gary Saenz is quoted.

    From public records available on the Internet, he was born in San Bernardino County in 1951.  He lives and owns a home in the 7th Ward of San Bernardino, and has lived at his present home since the mid-1990s.

    From the City’s website, he was appointed to the Library Board of Trustees by Mayor Judith Valles, and approved by the Mayor and Common Council at the January 24, 2000 meeting.  Council Member Frank Schnetz made the motion, seconded by Council Member Estrada, and the motion was unanimously carried.

    In the back-up for that meeting, Gary Saenz gave some autobiographical information.  He has lived in San Bernardino since 1951. In 2000, he was a member of the First Presbyterian Chuch of San Bernardino, a Member of the Board of Directors of the Home of Neighborly Service, and a Parkside Elementary School Council Member.  He graduated from Eisenhower High School in Rialto in 1969, San Diego State University with a BA in 1974, and the UCLA School of Law with a Juris Doctorate in 1977.

    Gary Saenz further stated in the application that he has been an attorney since 1978, a self-employed attorney since 1983, a “U.S. Fed. Govt. Fee Attorney for VA since 1986 – present”, a licensed California Real Estate Broker, and a “Judge Pro Tem S.B. County Courts.”

    Gary Saenz made a public comment in the Mayor and Common Council Meeting of August 4, 2000 regarding a proposed charter change (what would become Measure M on the November 2000 ballot).  The minutes, back before action minutes, stated that Gary Saenz “expressed his concerns and opposition to [proposed Charter] Section 1401, specifically the language which provides that any person appointed to the Board of Library Trustees may be removed by the affirmative vote of at least five members of the Common Council, except for purposes of censorship.”

    Gary Saenz was reappointed to the Board of Library Trustees on the September 9, 2002 Mayor and Common Council Agenda.  However, according to the September 23, 2002 minutes, the reappointment was rescinded “due to subsequent clarification showing that MR. Saenz has two years remaining on his current term.”  That vote was seven to zero, Common Council Members Esther Estrada, Susan Lien, Gordon McGinnis, Neil Derry, Joe Surarez, Betty Dean Anderson and Wendy McCammack voting aye.

    According to the current list of the Library Board of Trustees, Gary Saenz is not currently a library commissioner.

    The agenda backup for the December 20, 2004 meeting stated that Gary Saenz’s then-present Board of Library Trustees was from May 2002 to May 2006.  The agenda backup from December 18, 2006 said that Gary Saenz’s term was from May 2006 to May 2010.

    From the State of California Bureau of Real Estate database, it gives the following information on Gary David Saenz.  His mailing address is the same as for the State Bar.  He is a Broker, his license ID is 00884293, and his Broker’s license expires on March 26, 2017.  His Broker license was issued on 3/29/1985 (taken from secondary records), and he has no former names, no current DBAs, no current branches, no current affiliated corporations, no disciplinary actions, an no other public comments.

    Searching the City Clerk’s Business Registration form, which is very difficult to use, I found two current City Business Licenses for Gary D. Saenz

    Business Name Business Address Owner Name Business Phone Expiration Date STATUS
    GARY D SAENZ 1010 N D ST GARY D SAENZ (909)388-8727 10/31/2013 Active

    and

    Business Name Business Address Owner Name Business Phone Expiration Date STATUS
    GARY D SAENZ, REAL ESTATE BROKER 1002 N D ST GARY D SAENZ (909)889-2668 03/31/2014 Active

    As far as Saenz Realty, Inc., (you can see a “Saenz Realty” sign on Google Street view at 1002 N D Street), the agent for service of process is Ronald Saenz, not Gary Saenz.  I could find no other information other than on LinkedIn regarding Gary Saenz’s involvement with Saenz Realty. Corportion Wiki, which I would not deem reliable, says that Ronald Saenz is the president of Saenz Realty, Inc.

    That is the sum total of information that I could find on City Attorney replacement candidate Gary Saenz, beyond some civil court cases which are not interesting or relevant.  The search of the online permit manager at the City’s website was unremarkable, and the database has some issues.

    I am not going to tell you how to vote; this site is neutral.

    However, if you already have an opinion about the Office of City Attorney, or the existing candidates, I am going to run through a few scenarios.

    As my reader(s) know, I worked for the City of San Bernardino as a Deputy City Attorney from February 2001 to January 2006. I first met the current City Attorney of the City of San Bernardino, James F. “Jim” Penman somewhere between 1988 and 1990 at the home of the late attorney Richard R Beswick.  I first met recall candidate Timothy “Tim” Prince in 1999 while either volunteering or working at Legal Aid Society of San Bernardino, Inc.  Though I have worked as an attorney in San Bernardino since 1998, I have never met recall candidate Gary Saenz, nor had any legal work associated with recall candidate Gary Saenz. I have heard the name before, but I do not know Gary Saenz, nor do I know his reputation.  At all.

    I have checked the Internet today, and as far as I can tell, there is no website for the incumbent City Attorney, James F. “Jim” Penman, and as far as I can tell, that includes Twitter, email and Facebook.  I do not know the strategy of City Attorney Penman in defeating the recall.  I have not been directly contacted by City Attorney Penman regarding the recall in any capacity.

    Similarly, I have not seen City Attorney recall candidate Timothy Prince in person, I believe, this year.  We have not discussed the recall.  I do not think we have discussed City politics since the 2011 election at the second City Attorney debate at Arrowhead Country Club.  While he invited me to his congressional announcement in Mentone when he ran against Jerry Lewis, I do not believe that I have ever been invited to any other Tim Prince election event.

    The State Bar gives the following information about Mr. Prince, City Attorney Penman and Mr. Saenz:

    Gary David Sanez, State Bar Number 79539, is an active member of the State Bar of California, admitted on April 28, 1978 and active from that date on.  His undergraduate school was San Diego State University, San Diego, California, and his law school was University of California, Los Angeles (UCLA) School of Law.  He has no public record of discipline, and no public record of administrative actions.

    City Attorney James Frank Penman, State Bar Number 91761, is an active member of the State Bar of California, admitted on May 30, 1980, and active from that date forward. His undergraduate school was California State University, San Bernardino, and his law school was Western State University College of Law. He has no public record of discipline, and no public record of administrative actions.

    Timothy Peter Prince, State Bar Number 151245, is an active member of the State Bar of California, admitted on December 11, 1990, and active from that date on.  His undergraduate school was the University of California (Berkeley), and his law school was University of California Hastings College of Law in San Francisco. He has no public record of discipline, and no public record of administrative actions.

    The recall is a procedure under the Charter of the City of San Bernardino. In this case, sufficient numbers of registered voters city-wide signed recall petitions to put the recall measure on the November 5, 2013 ballot, which is also a Primary Municipal Election for San Bernardino.  San Bernardino City Charter Section 122 gives the following information about what is on the ballot:

    The ballots used when voting upon said proposed recall shall contain the
    words “shall (title of office and the name of the person against whom the recall is
    filed) be recalled?” and the words “yes” and “no.”

    I have seen neither the ballot nor the sample ballot, but it should read “Shall City Attorney James F. Penman be recalled?”

    Voters then have the option of voting yes or no by drawing a line to complete the arrow next to their choice.

    Next, Charter section 122 states:

    Qualified candidates to succeed the person against whom the recall is filed,
    shall be listed on the ballot, except that the incumbent shall not be eligible to
    succeed himself/herself in any such recall election.
    In any such removal election, if a majority of the votes cast is for “yes” on
    the question of whether or not the incumbent should be recalled, the candidate
    receiving the highest number of votes shall be declared elected. The incumbent
    shall thereupon be deemed removed from the office upon qualification of his/her
    successor. In case the party who received the highest number of votes should fail
    to qualify within ten (10) days after receiving notification of election, the office shall
    be deemed vacant. The successor of any officer so removed shall hold office
    during the unexpired term of his/her predecessor.

    In this election, two candidates have qualified, Gary D. Saenz and Tim Prince. From the language of the Charter, there does not appear to be any ability to write-in a candidate. Should the majority of votes (that is, fifty percent plus one) be to remove City Attorney James F. Penman, then the person who has the highest amount of votes between Gary D. Saenz and Tim Prince will be the winner.  If there is a tie, then the tie-breaking rules of the Election Code would probably prevail.  If neither of Gary D. Saenz nor Tim Prince failed to qualify within ten days after election, then the office would be vacant and would be filled according to the Charter.  Examples of failing to qualify is if City Attorney James F. Penman were recalled, and if either Gary Saenz or Tim Prince had more votes, but moved out of San Bernardino, or lost his license to practice law, he would fail to qualify.

    So, how should you vote in the recall election for City Attorney?

    IF YOU ARE SATISFIED WITH THE PERFORMANCE OF CITY ATTORNEY JAMES F. PENMAN

    If you are satisfied with the performance of City Attorney James F. Penman, or in the alternative, if you are supportive of Jim Penman as a leader, you support Jim Penman’s world view, policy choices, approaches, you should vote “No” on the issue of the recall.

    IF YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF CITY ATTORNEY JAMES F. “JIM” PENMAN, BUT DO NOT LIKE RECALLS, OR DO NOT LIKE THIS RECALL

    If you are not satisfied or dissatisfied by City Attorney Jim Penman’s performance, but you do not like the concept of recalls, then you should vote “No” on the issue of the recall.

    IF YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF CITY ATTORNEY JAMES F. “JIM” PENMAN, HAVE NO ISSUES WITH RECALLS, BUT DO NOT LIKE THE PROPOSED REPLACEMENT CANDIDATES

    If you are not satisfied or dissatisfied by City Attorney James F. “Jim” Penman, have no issues with the concept of a recall, but do not want either Tim Prince or Gary Saenz to be the elected City Attorney for the City of San Bernardino until the next election in 2015, then you should vote “No” on the issue of the recall.

    IF YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF CITY ATTORNEY JAMES F. “JIM” PENMAN, HAVE NO ISSUES WITH RECALLS, BUT LIKE TIM PRINCE, BUT NOT GARY SAENZ

    If you are dissatisfied or not satisfied with the performance of City Attorney James F. “Jim” Penman, or you don’t like him personally, or his policies, or his staff, or you don’t like how he handled a particular matter, or you just want to punish him, and you like Tim Prince, but you don’t like Gary Saenz, then you should vote “Yes” on the issue of the recall, and for Tim Prince. You can only vote for one replacement candidate, and if you mark both Tim Prince and Gary Saenz, you will invalidate your ballot.

    IF YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF CITY ATTORNEY JAMES F. “JIM” PENMAN, HAVE NO ISSUES WITH RECALLS, BUT LIKE GARY SAENZ, BUT NOT TIM PRINCE

    If you are dissatisfied or not satisfied with the performance of City Attorney James F. “Jim” Penman, or you don’t like him personally, or his policies, or his staff, or you don’t like how he handled a particular matter, or you just want to punish him, and you like Gary Saenz, but you don’t like Tim Prince, then you should vote “Yes” on the issue of the recall, and for Gary Saenz. You can only vote for one replacement candidate, and if you mark both Tim Prince and Gary Saenz, you will invalidate your ballot.

    IF YOU ARE NOT SATISFIED WITH THE PERFORMANCE OF CITY ATTORNEY JAMES F. “JIM” PENMAN, HAVE NO ISSUES WITH RECALLS, BUT CANNOT CHOSE A REPLACEMENT CANDIDATE, OR DISLIKE BOTH GARY SAENZ AND TIMOTHY PRINCE

    If you are dissatisfied or not satisfied with the performance of City Attorney James F. “Jim” Penman, or you don’t like him personally, or his policies, or his staff, or you don’t like how he handled a particular matter, or you just want to punish him, but you cannot pick a replacement candidate, then you should vote “Yes” on the issue of the recall, and you should either pick the what in your mind is the lesser of two evils between Gary Saenz and Tim Prince, OR you can undervote the replacement candidate portion of the ballot.  That is, you pick neither Tim Prince nor Gary Saenz.  Then you can say that you voted to recall City Attorney James F. Penman, but that you are not responsible for electing either Tim Prince or Gary Saenz.  As long as they qualify, one of them has to win, as long as they get one more vote then the other.

    IF YOU VOTED NO ON THE RECALL OF CITY ATTORNEY JAMES F. PENMAN, AND LIKE NEITHER OF THE RECALL CANDIDATES

    This is trickier.  If, despite your no vote on the recall, City Attorney Jim Penman is recalled, it is almost mathematically certain that one of the two replacement candidates will be the next City Attorney of the City of San Bernardino.  The only thing stopping them is if neither of them gets a vote (which is unlikely, because they would likely vote for themselves) or neither qualifies after being elected (which is unlikely). As far as I can tell, any write-in vote will not qualify and will not be counted, and there is always the possibility that it will invalidate your ballot. However, perhaps as a protest vote, someone could write-in a name, that would only come to light if there was an election challenge, like in the Minnesota Senate race where someone wrote in a vote for the Lizard People while simultaneously voting for Al Franken. The other option is to undervote, and then claim that the total number of people voting on the recall question does not equal the amount of votes for the replacement candidates, thus showing that their election was not legitimate, in order to challenge the replacement candidate before the next regular primary election, and in the next regular primary election. If you like to get into arguments on the Internet, this may be the choice for you.

    IF YOU VOTED YES ON THE RECALL OF CITY ATTORNEY JAMES F. PENMAN, AND LIKE NEITHER OF THE RECALL CANDIDATES

    Not as tricky.  You can undervote as described above as a protest (non-)vote.  You can use random chance to pick either Tim Prince or Gary Saenz.  You can possibly invalidate your ballot with a write-in that won’t be counted.

    ANY OTHER OPTIONS?

    You can undervote both the recall and the replacement.  You can vote just for a replacement and undervote the recall.  You can not vote at all so as not to dilute the votes of informed voters.  Ultimately, you alone must chose your path. Even though you have strong opinions as stated above, you can vote against your own interests.  You can vote based on national partisan issues in this non-partisan local election.  You can vote only on this recall issue, and no other issues on the November 5, 2013 ballot.  The choice is yours.

    The City Clerk’s online records now has a “Requested” folder, which I can only guess means documents requested as a California Public Records Act request, which are then put in the Requested folder for the requester, and then anyone else who wants to see it can be referred to the folder.  The folder has the Form 460 for the Recall proponents, the campaign filings of Council members Chas Kelley and Robert Jenkins.  There are three bankruptcy-related resolutions related to the City’s bankruptcy outside council.

    The City Clerk’s Office had a useful Elections 2013 folder that was taken down by the City Clerk’s Office.

    The San Bernardino Recall Site is live.  Who is behind it?  The site says “San Bernardino Residents for Responsible Government FPPC ID: 1356684 A Committee in Support of the Recall”

    Who registered the domain name, and when?

    Registered through: GoDaddy.com, LLC (http://www.godaddy.com)
    Domain Name: SANBERNARDINORECALL.ORG
    Created on: 16-Apr-13
    Expires on: 16-Apr-14
    Last Updated on: 16-Apr-13

    Registrant:
    MICA-PR

    3831 Zaharias Ridge
    Yorba Linda, California 92886
    United States

    Administrative Contact:
    McKinney, Michael mckinnmw@sbcglobal.net
    MICA-PR
    3831 Zaharias Ridge
    Yorba Linda, California 92886
    United States
    +1.7142990053 Fax — +1.7144852235

    Technical Contact:
    McKinney, Michael mckinnmw@sbcglobal.net
    MICA-PR
    3831 Zaharias Ridge
    Yorba Linda, California 92886
    United States
    +1.7142990053 Fax — +1.7144852235

    Who is Michael W McKinney?

    According to this LinkedIn profile, Michael W. McKinney is the “Managing Director, MICA-PR, Inc.” in Orange County, California  The profile further states:

     

    Government Affairs professional with over two decades experience in a wide-range of direct advocacy and public policy positions at the federal, state, and local levels of government. Core represented industries have included energy, land-use and real-estate development, environmental, construction, finance, and communications. Departmental, intradepartmental/cross-functional and coalition leadership teams have ranged from 4 to 16 direct reports.

    Specialties:Government Affairs, Public Affairs, Lobbying/Advocacy, Regulatory Affairs, Coalition Development, Grass Root Campaign Management, and Communications Strategies for highly regulated industries needing to convey complex subject matters to various constituencies

    What is MICA-PR?

    According to the link on LinkedIn:

    About MICA-PR, Inc.

    MICA-PR, Inc. is a full-service public affairs consulting firm dedicated to successfully providing clients strategic counsel, developing communications strategies, and directly advocating in the areas of government affairs, public affairs, community outreach, market positioning, and crisis communications. Providing creative solutions to complex challenges the firm has assisted clients before the United States Congress, state legislative bodies, regulatory and media environments.

    MICA-PR’s clients include a wide-range of energy (renewables), transportation, industry association, public agency, land-use, clean-tech, technology, and financial services clients.

    Specialties

    Public Affairs, Government Affairs, Public Policy Analysis, Legislative Advocacy, Political Strategy

    What is MICA-PR, INC.?

    According to the Secretary of State’s website:

    MICA-PR INC
    Entity Number: C3356749
    Date Filed: 02/02/2011
    Status: ACTIVE
    Jurisdiction: CALIFORNIA
    Entity Address: 3831 ZAHARIAS RIDGE
    Entity City, State, Zip: YORBA LINDA CA 92886
    Agent for Service of Process: MICHAEL L ALLAN, ESQ
    Agent Address: 2181 EAST FOOTHILL BLVD, SUITE 102
    Agent City, State, Zip: PASADENA CA 91107

     

     

    Is it too early to handicap the November 2013 City of San Bernardino Municipal Elections?  Considering the bankruptcy and the whispers of disincorporation, perhaps.  But let’s not let that stop a first look, with no handicapping.

    When we last left the City of San Bernardino Municipal Elections in 2012 (because of the General Election for City Clerk), we had Georgeann “Gigi” Hanna winning a four year term as City Clerk, James F. “Jim” Penman winning a seventh term, Wendy McCammack winning a fourth term in the Seventh Ward, Chas Kelley re-elected to the Fifth Ward, Rikke Van Johnson re-elected to the Sixth Ward, and John Valdivia elected to his first term in the Third Ward, as well as David Kennedy re-elected as City Treasurer.
    What positions are open in November 2013 in the City of San Bernardino Primary Municipal Election?

    Mayor

    First Ward Council

    Second Ward Council

    Fourth Ward Council

     

    As always, there may be a charter amendment initiative consolidated onto the primary election ballot.

    People want to find easy answers as to who is to blame for San Bernardino’s impending bankruptcy filing by looking at partisan affiliation.  First, like a local government in California, the Mayor and Common Council are non-partisan.  Second, the vote was 4-2-1 to file for Chapter 9 Bankruptcy.  By Ward: 1st: Virginia Marquez, For, 2nd: Robert Jenkins, For, 3rd: John Valdivia, Abstain, 4th: Fred Shorett: Against, 5th: Chas A. Kelley, Against, 6th Rikke Van Johnson, For, 7th: Wendy McCammack.  Mayor Patrick J. Morris could have vetoed, but has not.  As far as I know, since people keep wanting to know the political affiliations, to the best of my knowledge, based on an earlier post at the law blog:

    Virginia Marquez: Democrat (For filing Bankruptcy)

    Robert Jenkins: Republican (For)

    John Valdvia: Decline To State (Non-Partisan) (Abstained)

    Fred Shorett: Unknown (Against) [Correction January 14, 2013.  In a post on the San Bernardino Sun website dated January 13, 2013 3:33:11 PM PST, Ryan Hagen’s article “Mayor Morris: San Bernardino may consider ‘revenue enhancements’ but not in immediate future” states:

    Even frequent Morris ally Fred Shorett, who unlike the mayor is a registered Republican, said he opposed any new taxes.

    Chas A. Kelley: Republican (Against)

    Rikke Van Johnson: Democrat (For)

    Wendy McCammack: Republican (For)

    Mayor Patrick J. Morris: Democrat (Did not veto)

    And though he didn’t get a vote, and never gets a vote, but people are always curious about the issue, elected City Attorney James F. Penman was, as of the last election, registered Decline To State.

    What do national politics have to do with this particular decision?  Very little, but that doesn’t stop some of the commentators who want to find a larger narrative to fit this news.

    As for the elected City Clerk and City Treasurer, Georgeann “Gigi” Hanna never disclosed a political party affiliation, and I have no idea what David Kennedy’s political party affiliation is.

     

    Here are today’s searches to this blog, precipitating this post:

     

    mayor tom minor “san bernardino”
    mayor tom minor “san bernardino” democrat
    virginia marquez registered political party
    california 31st district race 2012
    san bernardino city council political affiliations
    san bernadino council political affiliation
    san bernardino city republicans or democrats
    san bernardino mayor patrick morris republican
    mayor of san bernardino, democrat or republican
    san bernardino mayor party
    san berbardino mayor party
    virginia marquez election
    san bernardino city council party affiliation
    james f. penman political party
    wendy mccammack
    are republicans in charge of san benadino, ca?

    I also have no idea what former Mayors Evelyn Wilcox (Update January 14, 2013: in 1985, she was a Republican) or Tom Minor’s political party affiliations are.  At his death, I could not tell you Bob Holcolmb’s political party affiliation (update: however, in 1985, he was a Democrat) .

    In an unscientific look at what is currently drawing people to this blog:

    Today:

    is san bernardino mayor patrick morris a democrat
    total reserves held by the city of san bernardino
    san bernardino mayor democrats
    city of san bernadino republican mayor
    san bernardino mayor patrick j. morris republican
    “san bernardino city council” corruption members “gang of four”
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    mayor patrick j. morris democrat
    jim penman accusations
    san bernardina mayor policital affiliation
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    san bernardino mayor republican or democrat
    democrat mayor of san bernardino “tom minor” 1993 – 1998
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    stephen sutherland san bernardino, ca
    virginia marquez democrat or republican
    san beernadino democrat ?
    san bernardino unified school district
    san bernardino democrat mayor
    san bernardino republican mayor
    political party affiliation san bernadino
    virginia marquez party affiliation
    bob dutton scandles
    total reserves held by the city of san bernardino
    san bernardino mayor democrats
    city of san bernadino republican mayor
    san bernardino mayor patrick j. morris republican
    “san bernardino city council” corruption members “gang of four”
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    mayor patrick j. morris democrat
    jim penman accusations

     

    Yesterday:

    city of san bernardino democrat mayor’s office
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    judith valles political party
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    jim penman democrat
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    Not all of them are about the bankruptcy, but you can see some the majority of them are.

    For those of you searching the national partisan nature of the Mayor and Common Council in San Bernardino, I wrote about it yesterday.

     

    As a preface, the positions in local government in California are non-partisan, and with the open primary system for most other offices in California, and the rise of the decline to state voter, partisan identification is less important.

    However, people are reaching this site by asking whether the people in charge of San Bernardino are Republicans or Democrats.  The reason why, I would surmise, is that so partisans of both stripes can point fingers and say things like, “that’s what happens when liberals are in charge” or “that’s what happens when Republicans are in charge,”  I will share the real or perceived partisan affiliations of the players in San Bernardino based upon conventional wisdom, circumstantial evidence, or past knowledge.

    Mayor Patrick J. Morris.  Under San Bernardino’s Charter, the Mayor is allowed to cast votes in case of ties, and to veto legislation by the Common Council.  Therefore, the  independently elected Mayor, who is not a council member, has duties beyond presiding over meetings.  Mayor Patrick J. Morris is a former Superior Court judge, and is long time Democrat.  He endorsed Redlands Mayor Pete Aguilar for the 31st Congressional District, but is now supporting Republican Bob Dutton.

    Council member for the First Ward: Virigina Marquez: Democrat.  Evidence: The link to the right says she is a member of the Greater Rialto Democratic Club, and she has, in the past (2010) endorsed Representative Joe Baca.

    Council member for the Second Ward: Robert Jenkins: Republican. Evidence, this Black Voice News article endorsing Democrat John Longville.  He has also endorsed Brea Congressman Gary Miller for 31st District Congressman.

    Council member for the Third Ward: John Valdivia: Decline To State, according to statements at the time of his election.   However, he has endorsed Brea Republican Congressman Gary Miller for 31st District Congressman.

    Council member of the Fourth Ward: Fred Shorett: Unknown.  I could find no reliable information.

    Council member of the Fifth Ward: Chas Kelley: Republican.  Supports both Republican Bob Dutton and Republican Gary Miller, who are running against each other for Congressional District 31.

    Council member of the Sixth Ward: Rikke Van Johnson: Democrat.  He has links to President Obama and Governor Brown on his personal website.

    Council Member of the Seventh Ward: Wendy McCammack: Republican. According to her City biography, linked at right, she is a member of the “Republican Women Federated of San Bernardino.”  She also endorsed Brea Congressman Gary Miller.

    So, for the national partisans who wish to make hay of the bankruptcy vote to blame Democrats or Republicans?  Voting for bankruptcy: Marquez (Democrat), Jenkins (Republican), Johnson (Democrat), McCammack (Republican). Voting against bankruptcy: Kelley (Republican) and Shorett (Unknown), and abstaining: John Valdivia (Decline to State).  Not vetoing the bankruptcy vote: Morris (Democrat).

    As to City Attorney James F. Penman, since people are obsessed to know his political affiliation, when I started at the City Attorney’s Office, he was registered as a Democrat, but he switched to what was then non-partisan (now called Decline to State).  I have no idea regarding the status of his registration.

    The news that the Council voted 4-2-1 (Shorett and Kelley against, Valdivia abstaining) to authorize City Attorney James F. Penman to file for Chapter 9 Bankruptcy came as sad news, as a City with a history of bad news, received more bad news.

    Losers:

    1. The image of the City of San Bernardino.  It seems that outsiders only notice the City when really bad things happen (Norton closing, fires, murder rates). This one has it all: corruption, incompetence and crime.

    2.  Mayor Patrick J. Morris in particular, but all incumbent politicians in the City of San Bernardino.  Whether it is fair to blame all the incumbents, this happened on their watch.  If it has not already been said, the political side that was not in power until recently (if they are indeed in power with shifting factions) will say that they were given falsified information, or that City staff, either on their own or at the direction of the other side, withheld information. Will the voters agree?  At this moment, accurate information about the situation is not being effectively conveyed by the government nor the press.

    3. The people of the City of San Bernardino.  In the long term, this will impact the ability to borrow money, which will mean more money will be paid for interest instead of needed City services.

    4. The employees of the City of San Bernardino.  People who have not worked in government are likely to have the attitude that of Jack Kirkpatrick in Airplane: they ” bought their tickets, they knew what they were getting into. I say, let ’em crash.”  However, having been in their position (as an employee of the City of San Bernardino), I sympathize because no matter how well they do their job, they just lost a little security because of the actions of others.  That could be paycheck security, or benefits security or some kind of security.

    5. The creditors of the City of San Bernardino.  Historically, working for the government,government contract, or investing in municipal bonds was safe. In the post Vallejo, Stockton, Mammoth Lakes, and San Bernardino environment, that is no longer the case.  See Jack Kirkpatrick quote, above.

    Winners:

    1. The Nattering Nabobs of Negativism.  People love to kick San Bernardino.  Here are the people who like to throw rocks:

    a. Current residents of San Bernardino who believe that San Bernardino used to be better.

    b. People who used to live or work in San Bernardino, but would never deign to live in San Bernardino today.

    c. People in neighboring communities that like to look down their nose at San Bernardino.

    d. People in large metropolitan areas of Southern California that refer to the Inland Empire as “out there.”

    e. People in Northern California that like to term all of Southern California as “Los Angeles” and will see this as a failing of “Los Angeles.”

    f. People outside of California (and the minority party of California) will see this as a failing of California.

    To all of those people, congratulations, you win!

     

     

     

    I made a Public Records Act request yesterday at the San Bernardino City Clerk’s Office to obtain the canvass of the 1995 City Attorney’s race.  I don’t have access to an digital archives of newspapers, and it bothered me that the newspapers in the 2011 election said that Jim Penman beat Stan Tomlinson by 3 to 1 in 1995 without giving the actual results. In 1995, I was in Santa Clara, so I don’t recall the election at all. Though in trying to find the result before making the CPRA request, I did see that Stan Tomlinson and Ralph Prince both ran for District Attorney (and presumably both lost) of San Bernardino County in 1974, a fact which I had been heretofore unaware.  Anyway, I have the complete results, but I’ll just distill them to the basics (Note: 3 to 1 overstates it):

     

    19951107 Primary Municipal Election Jim Penman 9305 72.82
    Stan Tomlinson 3472 27.17 13,893 ballots cast, 77,185 registered voters
    No Vote Recorded 1116 Not included