Robert Jenkins

    I have no personal knowledge of the Chas Kelley and Robert Jenkins cases (yes, I know that “hearsay and conjecture are KINDS of evidence”), and I will leave it to others to speculate.  Here, however, is a mailer sent by the “California Homeowners Association Not Authorized by Any Candidate or Committee Controlled By A Candidate”

    I would assume its arrival was a coincidence, but it may turn out to be the biggest waste of money ever spent in a mayoral campaign.

    The implications of these events is going to be monumental, whether the charges are true or they are untrue.

    The truth is that the sadness that has overtaken San Bernardino is going to get worse before it gets better.

    Two people are running for the Second Ward Council seat on November 5, 2013; incumbent Robert Jenkins and challenger Benito Barrios.

    Robert Jenkins:




    Mailing Address:

    732 Niles Street

    San Bernardino, CA 92404

    Phone: 909-474-9409
    Benito Barrios: Facebook:

    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.

    A great friend has sent me the order of names on the San Bernardino Primary Municipal Election Ballot to be held November 5, 2013.  Why is this important?  One reason is the primacy effect, which can make a difference in tight elections.

    Order of Names on Ballot



    1 Richard T. Castro Retired Teacher/Coach
    2 Draymond “Dray” Crawford City of San Bernardino Graffiti Removal
    3 Matt Korner Start-up Founder
    4 Chas A. Kelley Community Representative/Councilman
    5 Rick Avila Contractor
    6 Carey Davis Corporate Controller/CPA
    7 H. W. Nickel Financial Analyst
    8 Wendy J. McCammack Businesswoman/Taxpayer Advocate
    9 Karmel Roe Real Estate Broker
    10 Concepcion Powell Economic Development Consultant
    11 Rikke Van Johnson Councilman/Small Businessman




    City of San Bernardino

    Primary Municipal Election

    November 5, 2013

    Order of Names on Ballot

    Ward 1 Council Member


    1 John J. Abad Retired Teacher
    2 Casey Dailey Transportation Professional
    3 Virginia Marquez Incumbent




    City of San Bernardino

    Primary Municipal Election

    November 5, 2013

    Order of Names on Ballot

    Ward 2 Council Member


    1 Benito J. Barrios Small Business Owner
    2 Robert Jenkins Teacher/Council Member






    City of San Bernardino

    Primary Municipal Election

    November 5, 2013

    Order of Names on Ballot

    Ward 4 Council Member



    1 Fred Shorett Businessman/Council Member
    2 Kathy Pinegar Property Manager
    3 Anthony Jones Business Owner


     The choice of ballot designations are interesting.  As background, here is an excerpt from the 2013 Consolidated General Election November 5, 2013 Candidate Filing Guide on this issue:

    Ballot designations are restricted to the following:

    •  No more than three words.
    • Limited to space allotted on the ballot, approximately 55 characters including spaces and punctuation.
    • Must appear on the declaration of candidacy form at the time it is filed.
    •  Become public record once the information is filed on the Declaration of Candidacy Form.
    •  Cannot be changed after the final date to file candidate filing documents.
    • The listing of a designation on the ballot is OPTIONAL. Only one of the following categories is allowed:

    1. Elective Office Title: Words describing an elective office title may be used IF the candidate holds the office at the time nomination documents are filed and the office was filled by a vote of the people. The elective office title may be included with another principal occupation.

    Example A: Governing Board Member

    Example B: Board Member, XYZ School District

    Example C: County Supervisor/Teacher

    2. Incumbent: The word Incumbent may be used IF the candidate is seeking re-election to the same office and was elected to that office by a vote of the people or was appointed as a nominated candidate in lieu of an election. Incumbent must stand alone as a ballot designation.

    3. Appointed Official: The words Appointed Incumbent must be used IF the candidate was appointed to the office and is seeking election to that office as the incumbent. The word “Appointed” must be used if the candidate was appointed and is using the elective office title.

    Example A: Appointed Incumbent

    Example B: Appointed Board Member, XYZ School District


    Example C: Board Member, XYZ School District, Appointed

    Exception: Candidates appointed to office in lieu of an election do not have to use the word “appointed.”

    4. Principal Occupation: No more than three words to describe the current principal profession(s), vocation(s), or occupation(s) of the candidate. Or, if the candidate has no current principal profession, vocation, or occupation, the principal profession(s), vocation(s), or occupation(s) of the candidate during the calendar year immediately preceding the filing of nomination documents. Geographical names are considered one word. The elective office title may be included with another principal occupation.

    Example A: High School Teacher

    Example B: Attorney/Educator/Rancher

    Example C: CEO/Councilmember

    5. Community Volunteer: A person who engages in an activity or performs a service for or on behalf of, without profiting monetarily, one or more of the following:

    •  A charitable, educational, or religious organization as defined by the United States Internal Revenue Code §501(c)(3);
    • A governmental agency; or
    • An educational institution.The activity or service must constitute substantial involvement of the candidate’s time and effort such that the activity or service is the sole, primary, main or leading professional, vocational or occupational endeavor of the candidate.California Administrative Code § 20714.5 (a)(b)

    6.No Occupation Desired: If no ballot designation is requested, write the word “NONE” and place your initials in the space provided for ballot designation on the Declaration of Candidacy Form.Pursuant to California Elections Code §13107(b), the election official shall not accept a ballot designation if:

    • It would mislead the voter.
    • It would suggest an evaluation of a candidate, such as outstanding, leading, expert, virtuous, or eminent.
    • It abbreviates the word “retired” or places it following any word(s) that it modifies.
    • It includes a word or prefix, such as “former” or “ex,” which means a prior status. The only exception is the use of the word “retired.”
    • It includes the name of any political party, whether or not it has qualified for the ballot.
    •  It includes a word or words referring to a racial, religious or ethnic group.
    • It refers to any activity that is prohibited by law.

    The use of “incumbent” by Virginia Marquez is interesting.  Wendy McCammack does not use Council Member or Councilwoman at all. I have no idea what Chas Kelley’s designation as “Community Representative” means; if it refers to being a council member or a district representative for an elected official.

    We learn a little about the candidates for which there was little information yesterday.  Kathy Pinegar is listed as “Property Manager,” Anthony Jones is a “Business Owner,” ” Benito J. Barrios is a “Small Business Owner,” and Richard T. Castro is a “Retired Teacher/Coach.”


    I swore on Twitter that I would not write about the San Bernardino Primary Municipal Election until the candidates were set in stone.  This is what I can piece together:

    Ryan Hagen reported on Twitter (@sbcitynow) at 6:42 p.m.yesterday that the “list of candidates qualified for the City Council election is finalized. 3 running in the 1st Ward, 2 in the 2nd Ward, 3 in the 4th.”

    He followed up a minute later to report “Ward 1 candidates: Virginia Marquez, John Abad, Casey Dailey,” and a minute later “Ward 2 candidates: Robert Jenkins, Benito Barrios. Ward 4: Fred Shorett, Anthony Jones, Kathy Pinegar”

    He followed that up to say that he watched the City Clerk’s office close at 6 p.m. and that they called him ten minutes later.

    The City Clerk’s Office online doesn’t have much more information.  It says it was last updated on August 8th in the morning.

    The Registrar of Voters says that Kathy Pinegar filed a Declaration of Candidacy on August 6, 2013, nomination papers were issued on 7/31/2013, and filed on 8/6/2013, and that she submitted a candidate statement for the sample ballot, and qualified.  No other 4th Ward candidates are listed.

    The ROV report is undated, but accessed this morning at around 10:20.  It also says that Council Member Robert Jenkins had a candidate statement and qualified. Benito J. Barrios filed a Declaration of Candidacy on August 9, 2013, nomination papers were issued on 8/8/2013, and filed on 8/9/2013.  He prepared a candidate statement and qualified.  No other 2nd Ward candidates are listed.

    In the First Ward, the ROV lists Council Member Virginia Marquez, Casey Dailey and John J. Abad as qualifying, all with candidate statements.

    For Mayor, with the nomination period not  closed if Mayor Patrick Morris did not file, it lists Rick Avila, Richard T. Castro,  Draymond “Dray” Crawford, Carey Davis, Anthony Jones all qualifying. No candidate statements from Richard T. Castro or Rick Avila.

    The qualified candidates (elect three) of the San Bernardino Unified School District are Kaisar Ahmed, Sonia Fernandez, Barbara Flores, Abigail M. Medina, Joe Navarro, Judi Penman and Danny Tillman. No candidate statements from Danny Tillman, Joe Navarro, or Sonia Fernandez.  The incumbents are Dr. Flores, Judi Penman and Danny Tillman.


    Yesterday at 2:10 p.m., the City of San Bernardino posted the Form 501 of Evan J. Gazzolo for the Second Ward Council race in San Bernardino.  The primary election is November 5, 2013. He is running against incumbent Robert Jenkins.

    Little is included on the redacted Form 501, it is filled out by hand, Evan J. Gazzolo failed to check a box in “Office Jurisdiction,” and though the race is nonpartisan, he failed to check the nonpartisan box and wrote “Republican.”

    Of course, Mr. Gazzolo is not alone in putting party affiliation on Form 501.  Jerry Arispi, running for Mayor, put “Democrat;” Anthony Jones, running for 4th Ward Council Member, pub “Republican;”and  Danny Alcarez, running for 1st Ward Council Member put “dem.” As you can see, failure to know that these positions are nonpartisan is a bipartisan problem.

    No other information online was useful regarding Mr. Gazzolo’s campaign.

    As of the date of this post, I am only aware of one candidate, incumbent Robert Jenkins, who filed Form 501 on January 10, 2013 with the San Bernardino City Clerk’s Office.  As mentioned before, the nomination period has not officially begun.  Also, the City’s website, which I am using, appears to have been last updated on April 11, 2013, so perhaps it is not up to date.

    Form 700 is the Statement of Economic Interest that elected officials, high-level officials, and other people designated by an entities’ conflict of interest code must file disclosing their economic interests.  In a short series, here is a look at the Form 700s (2011/2012) of the San Bernardino Common Council, yesterday looked at the First Ward, Council member Virginia Marquez, and today will look at the Second Ward, Robert Jenkins’ Form 700 for 2011/2012

    Council member Robert David Jenkins filed his 2011/2012 Form 700 with the City Clerk on March 29, 2012.  The California Fair Political Practices Commission received it on April 12, 2012.  The form is mostly typed, which makes sense considering that there is a fill-able PDF available online.

    After the cover page, there are two schedules attached, D and E. Schedule D is for gifts.  Looking at the instructions on the current version of the form (2012/2013), which is not the same as looking at the regulations, the instructions for Schedule D says “A gift is anything of value for which you have not provided equal or greater consideration to the donor.  A gift is reportable if the fair market value is $50 or more.  In addition, multiple gifts totaling $50 or more received during the reporting period from a single source must be reported.”  What was the gift limit in 2011/2012 according to the FPPC?  $420, the same as the current amount.

    Council Member Jenkins’ Schedule D has two gifts outlined.  The first is a gift received March 26, 2011.  This was before Robert Jenkins became a City Council member because the election was July 12, 2011.  The gift came

    from the Community Action Partnerships [sic], 696 S. Tippecanoe Ave., San Bernardino 92415, with no business purpose listed.  The value of the gift is listed by Council member Jenkins as

    This is not the law blog, but to make it clear, the regulations in effect at the time of the disclosure exempted this reported gift as a gift under the regulations, and exempted it from the gift limit:

    2 Cal.Code of Regs. section 18942 (a)(10), in effect for the 2011/2012 Form 700


    § 18942. Exceptions to Gift and Exceptions to Gift Limits.(a) For purposes of Section 82028, none of the following is a gift and none is subject to any limitation on gifts:

    (10) Payments received under a government agency program or a program established by a bona fide charitable organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code designed to provide disaster relief or food, shelter, or similar assistance to qualified recipients if such payments are available to members of the public without regard to official status.
    The Community Action Partnership of San Bernardino is, according to its website, “a private non-profit public benefit corporation with a 501(c) (3) status. “

    From what I gather from CAPSB’s website, they administered Federal ARRA energy efficiency/weatherization funds.

    The second gift is from “Evelyn [sic] Wilcox” the owner of Manpower San Bernardino.  The gift was given on November 21, 2011, with a value of $85, and was a ticket to a San Bernardino Valley College Gala.  No other gifts are listed on Schedule D.

    Schedule E (Income – Gifts, Travel Payments, Advances and Reimbursements is the final schedule attached to Council member Jenkins’ 2011/2012 Form 700.  It says the firefighters union gave Council member Jenkins $678 as a gift between June 2, 2011 and June 3, 2011 for travel for filming a campaign commercial.  Again, I am not sure this counts as a “gift” because the same regulation cited above, subsection (a) (4) exempts a campaign contribution that is required to be reported.  If I were to guess, it would be for this campaign commercial, uploaded in June 2011.

    There is no other information on Council member Jenkins’ Form 700 from 2011/2012.  You can see that sometimes public officials disclose information that they are not required to.

    The first look in calendar year 2013, at least.

    There is not a lot of information available on the City of San Bernardino’s website at the moment; they seem to be occupied by Chapter 9 of the Bankruptcy Code at the moment.  For example, here is part of the “Frequently Asked Questions” for elections:

    Elections are held in odd numbered years in November.  The next regular election will be held in November of 2009.   For more information of which seats will be up for election in November 2009, please contact the City Clerk’s Office at 909 384-5002.

    (Found on 1/1/2013 at

    Right.  The San Bernardino County Registrar of Voters does not yet have the San Bernardino Primary Elections up at its site, listing three other special elections on March 5, 2013 for City of Chino Hills for a city council member seat by mail ballot election, a Town Council seat in the Town of Yucca Valley by mail ballot election, and the City of Rialto’s Measure W which will extend the existing utility user’s tax five more years until June 2018, by a polling place election.

    So, when does the City of San Bernardino vote?  The City of San Bernardino has a primary election every four years for a variety of seats, and they are staggered.  For example, City Clerk, City Treasurer, and City Attorney were last elected by primary election in November 2011.  The City Clerk race had a general (or run-off) election in February 2012.  The next primary election for these three offices will be in November 2015, unless the City dissolves or there is a charter amendment, or some other unfortunate event occurs.

    Along with those Charter mandated officials, four Common Council member seats were last elected in November 2011: Third Ward, Fifth Ward, Sixth Ward, and Seventh Ward.  Barring further catastrophes, they will be up for a vote again in November 2015.

    What positions are being elected at the City of San Bernardino primary municipal election in November 2013? Mayor, and Common Council members for the First, Second, and Fourth Wards.  There is no information about specific deadlines at either the City Clerk’s website as of this writing, nor the Registrar of Voters, but the filing period should open in mid-July and close in early to mid August.

    What do we know about the candidates so far?  Mayor Patrick J. Morris has been quoted in the media that he is not running again.  Draymond Crawford II, the Sixth Ward police commissioner, has stated that he will be running for Mayor.  He has a website at  His publicly listed contact information is: email and phone: (909) 374-4843. No other candidates have announced their intentions in the local newspapers at this time.

    Who is running for First Ward Common Council Member in San Bernardino? Currently, the position is held by Virginia Marquez, who was first elected in 2009.  No candidates have announced their intentions in the local newspapers at this time.

    Who is running for Second Ward Common Council Member in November 2013?  The position is currently held by Robert Jenkins, who won a special election held in July of 2011 to fill out the remainder of Jason Desjardins term.  No candidates have announced their intentions in the local newspapers at this time.

    Who is running for Fourth Ward Common Council Member in the City of San Bernardino Primary Election in November 2013?  Fred Shorett, first elected in March of 2009 in the special election to replace former Fourth Ward Member Neil Derry, was elected again in the primary in November 2009. No candidates have announced their intentions in the local newspapers at this time.

    To my knowledge, no one is actively running any recall petitions or proposed charter amendments.  It would be difficult, if not impossible to meet the deadlines for a citizen charter amendment if one does not get started soon. The Mayor and Common Council usually has until around the first meeting in July to place charter initiatives on the November ballot, if I recall correctly the last time I looked at the issue last year.

    Also, there might be other elections, and other matters on the November ballot, such as to raise taxes in conjunction with the City’s fiscal state.

    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) .