San Bernardino City Attorney

    Once again, this site is neutral in this race.  This information is provided as a public service to voters so that they may make an informed choice in voting.  The hyperpartisans will see bias, always against their side, which shows that I am doing the right thing.

    The Form 460s due in late September for the period of July 1, 2013 to September 21, 2013 have been posted on the City of San Bernardino website.

    The Form 460 for City Attorney James F. Penman is from the Penman for City Attorney 2015 committee. It was received on September 23, 2013 at 3:52 p.m.  In that time period, City Attorney James F. Penman received $7,679 in monetary contributions, with $12,179 in year-t0-date contributions.  No loans were received during this period, but $32,000 in loans were received year to date. Additionally, the Committee also received $3,218.72 in non-monetary contributions, with $4,118.72 total year-t0-date.

    At the same time City Attorney James F. Penman made $2,970.97 in payments during the filing period, with $7,652.43 year to date.  The committee also made $11,400 in loans.  There were $3,218.72 in non-monetary adjustments during the filing period, and $4,118.72 in non-monetary adjustments year-to-date.

    Current cash for City Attorney James F. Penman’s committee was $3,921.29, which along with the $7,679 in cash receipts during the period and miscellaneous increases to cash of $669.30, and subtracting cash payments of $2,970.97, left a cash balance of $9,298.62.  The committee also had cash equivalents of $11,400, and outstanding debts of $32,000.

     

    Form 460 requires candidates to report contributions of $100 or over, either in single transactions or cumulative year to date, or per election to date if required.

    Here are the contributors during the period to City Attorney James F. Penman

    On August 7, 2013, law firm Gresham Savage Nolan & Tilden, long-time law firm with roots going back to San Bernardino City Attorney William Guthriecontributed $2,500, with a cumulative amount of $6,000 for this calendar year, and $2,500 towards the 2013 election.

    On August 30, 2013, Johnie Carnell, who is listed with a Highland address and as a hairstylist at Trendsetters salon in San Bernardino donated $100.

    Robert Matich, who is listed with a Newport Beach address, and as an officer of Matich Corporation, the long-time engineering contractors, and longtime political supporters, donated $2,000 on September 10, 2013.

    ABO Enterprises, Inc., with a San Bernardino address, donated $1,000 on September 18, 2013. In this earlier piece, Jack Katzman of ABO Enterprises, Inc. was listed as a sponsor of an October 2, 2013 fundraiser. According to a press release found online dated February 22, 2012, A:

    ABO Enterprises, Inc. manages 600 office buildings in the Inland Empire.  Leasing opportunities range from 200 to 150,000 square feet.  They include the Town and Country Center formerly the Gateway Center complex on South E Street in San Bernardino to executive office buildings.  ABO Enterprises has office buildings in Riverside, San Bernardino, Highland, Yucaipa, Grand Terrace, Redlands, Rialto, Fontana, Colton, Moreno Valley and many other cities in Riverside and San Bernardino Counties.

    Next listed is Bates Auto Body of San Bernardino.  On September 18, 2013, Bates Auto Body gave the campaign $1,000.  Their Facebook page says they are family owned, and located on Mill Street in San Bernardino.

    On September 18, 2013, Mabel Biddinger, who is listed as retired, donated $100. She is listed online as a member of the San Bernardino City Libary Foundation.  Mike Hartley of San Bernardino, listed as a consultant at Hartley Consulting donated $250 on the same date.

    Additionally, unitemized ($99 or less) contributions of $729 are listed.  If they each gave $99, that’s slightly more than seven.  So, it’s a number between 8 and 729.

    Schedule B Part 1 lists an outstanding balance of $32,000 in loans from James F. Penman to James F. Penman campaigns incurred between 2002 and 2006 from earlier campaigns.

    Schedule C shows nonmonetary contributions in this period of $3,218.72 contributed by the Committee for Integrity, FPPC ID 971747, with a year-to-date contribution of 4,118.72, with only $3,218.72 attributable to this election.

    The description for this period is “Petition gathering is [sic] support of James F. Penman against recall.”

    Schedule E shows payments made. James F. Penman was paid $73 for candidate travel, lodging and/or meals.  Council member and Mayoral candidate Wendy McCammack was reimbursed for domain names in the amount of $194.95, and the Central Labor Council of San Bernardino and Riverside Counties was paid $225 for a meeting or appearance.  Chris Jones Consulting of Newcastle, California was paid $1,500 as a campaign consultant.  Express Printing & Signs, of San Bernardino and owned by council member and Mayoral candidate Wendy McCammack was paid $215.54 for fundraising event(s).  A second payment of $669.10 was paid to Express Printing & Signs, of San Bernardino was paid for fundraising event(s).

    Schedule H lists an outstanding balance of $11,400 on a loan from the Committee for Integrity originally incurred on 2/14/2001.  Schedule I lists miscellaneous increases to cash of $669.30 of voided payments not cashed from 2011 from the Friends of Jim Penman 2011, a predecessor campaign committee.

    That concludes City Attorney Jim Penman’s Form 460.  To recap, City Attorney James F. Penman is facing a recall election in which voters will be asked a yes or no question about whether City Attorney James F. Penman should be recalled.  If a majority of voters answers no, he will retain his position until 2016 based on his 2011 election.  If the majority of voters vote no, then one of two replacement candidates will be elected for the remainder of City Attorney James F. Penman.  Those two men are Timothy Prince and Gary D. Saenz.  Whomever has more votes will be elected as the City Attorney until 2016.

    Next up is replacement candidate Timothy P. Prince’s Form 460 filed September 30, 2013 at 5:42 p.m.  His campaign committee is named Tim Prince for City Attorney 2013.  The period covered is August 23, 2013 to September 21, 2013.

    Tim Prince received $3,475 in monetary contributions both for the period and the year. He also received loans of $22,636, and nonmonetary contributions of 285  for a total of $26396.

    Tim Prince for City Attorney 2013 made payments of $9629 during the period.  The committee began with a zero balance and ended with a cash balance of  $16,482.

    Schedule A lists monetary contributions received.

    On August 25, 2013, Jesus Sandoval and Mary Sandoval of Fontana, California donated $100. Mr. Sandoval is listed as a supervisor for the City of San Bernardino, and he is listed as a councilman for the City of Fontana.  His City website says that he was elected in 2012, and that he is currently employed by the City of San Bernardino.  In a story about his election, the article says that he is a parks maintenance supervisor.

    On August 30, 2013, Retired Judge John Ingro and his wife Olaya Ingro, both of San Bernardino, donated $150. Judge Ingro was one of the inaugural winners of the San Bernardino County Bar Association’s  Kaufman-Campbell Award.

    On August 30, 2013, Professor Gary Negin, of Redlands and Cal State San Bernardino, donated $100 to Tim Prince’s campaign.  According to his LinkedIn profile, he is a professor in the education department, and has been at CSUSB since 1985.

    Also on August 30, 2013, Kathleen Pettersen, listed as a family member of Tim Prince, donated $100.

    The next day, John Lemay, of Grand Terrace who is listed as a Professor at CSUSB donated $100.  I didn’t find a Professor John Lemay at Cal State online.

    Long-time Tim Prince ally and Attorney Allen Bartleman donated $250 on September 15, 2013.

    Dr. Ana Marie Lorenz of Alta Loma, California, of Lorenz Consulting Services, and a professional psychologist donated $100 two days earlier.

    Former 2nd Ward Council member Dennis Baxter, and the Executive Director of the San Bernardino Area Habitat for Humanity, donated $300 on September 20, 2013.

    The San Bernardino Democratic Luncheon Club donated $200 on the same day.

    Tim Prince matches Jim Penman’s hairdresser donation by receiving a donation from Jami Haydis of Highland, (listed as the owner of the “JR Randall Hair Salon.”  I was unable to find a JR Randall Hair Salon, but there is a J Randall Salon in Redlands.

    Renee Prince of San Bernardino, who is listed as a student, but I believe is also Tim’s sister, donated .  I believe that she is doctoral student in psychology. She donated a $1000.

    Lillie Houston of Rialto donated $200 on September 12, 2013.

    Shireen Dunwoody of Ventura, in the field of medical communications with Dunwoody Consulting, donated $250 on September 19, 2013.

    Laura Vasquez, a Registered Nurse with Kaiser Permanente with an Irvine address, donated $100 to Tim Prince on September 19, 2013.

    Tim Prince also received $375 in contributions of $99 or less.

    Now for the big money. Tim Prince loaned his campaign $22,636 during this period.  He had $22,921 in cumulative contributions this period.

    On Schedule C, Tim Prince gave himself the following non-monetary contributions:

    On September 10, 2013, he donated materials labeled “Web” in the amount of $87, with a cumulative value of $123 for the year.

    On September 16, 2013, Tim Prince donated campaign materials in the amount of $50, with a cumulative value of $173 for the year.

    The next day, Tim Prince donated postage of $20, with a cumulative value of $193 for the year.

    Three days later, Tim Prince donated “Campaign office item” of $92, with a cumulative value in the same category of $285 for the year.

    There were also unitemized nonmonetary contributions of $37.

    Where did Tim Prince for City Attorney 2013 spend money during this period?

    The committee used nextdayfliers.com of Rancho Dominguez, California to print campaign literature in the amount of 157.  Office rent of $1,500  was paid to Triland Capital LLC  of Los Angeles.

    Campaign photos by David Earhart Photography of San Bernardino were purchased for $190.  Super Cheap Signs of Austin, Texas, was paid $950, presumably for signs.

    Aitra Generic Reseller Card, Cardholder Services LLC  of Fort Lauderdale FL was paid $736, which is listed as “office expenses.”

    Jennifer Elzarraz of Moreno Valley was paid $400 for campaign consulting.

    The City of San Bernardino was paid $2,314 for filing fees, and $3,327 for a ballot statement.

    There were also unitemized payments of $55.

    That concludes Tim Prince’s 460 for this time period.

    Gary Saenz is running as a replacement candidate for City Attorney should City Attorney James F. Penman be recalled by voters.  Gary D. Saenz for City Attorney 2013 filed a Form 460 for the period of January 1, 2013 through September 21, 2013.   The Form 460 was  filed at 1:58 p.m. on September 26, 2013.

    Gary Saenz’s committee received $15,000 in monetary contributions this year.   His committee received a loan of $100.  Payments of $2,375 were made during the filing period. There are $10,402 in unpaid bills.  Gary Saenz’s committee’s ending cash balance is $12,725.00 with $10,502 in outstanding debts.

    Gary D Saenz for City Attorney 2013 received two contributions.

    On September 17, 2013, William Easley of San Bernardino, listed as the owner of Goforth & Marti, with offices in Riverside, Redlands and San Diego, donated $10,000.

    On the same date, the law firm of Mirau, Edwards, Cannon, Lewin & Tooke of Redlands donated $5,000.  I can assure you that the first two named partners of that firm are firmly in the Not Fans of Jim Penman Club.

    Gary Saenz made a loan to the campaign of $100 on September 16, 2013.

    A payment was made to Gary Saenz of $2,325 for filing fees.  I don’t know why his were more expensive then Tim Prince’s filing fees.

    There was also an unitemized payment of $50.

    Schedule F lists Gary D. Saenz For City Attorney 2013’s Unpaid Bills:

    Chris Perez Consulting of Corona California is owed $6,700 for campaign consulting.

    Lysa Ray Campaign Services of Santa Ana, California is owed $375 for professional services.

    Gary D. Saenz is owed $3,327 for filing fees, presumably for the ballot statement.

    That ends Gary D. Saenz for City Attorney 2013’s inaugural Form 460.

     

     

     

    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.

     

     

    First, a disclaimer:  this site is neutral as explained in the post “Why We Try To Keep Partisan Politics Out of These Postings”  These postings are provided as a community service, and not to push a particular candidate, or slate of candidates.

    This is the sixth mailer that I have seen from incumbent City Attorney Jim Penman.  The front of the mailer is glossy and in color  On the front, the headline says in blue letters on a red background “FBI Raids San Bernardino Airport!”  In the top middle of the front is a picture of FBI agents loading seized files at the San Bernardino Airport.  Flanking the photograph are these words: “The County Grand Jury Report (June 20, 2011) found specific irregularities (GJR pg. 2-29) and “a clear conflict of interest” (GJR pg. 2-31) with contracts awarded to a federally “convicted felon” at the San Bernardino Airport. [Press Enterprise – Sept. 22, 2011][.]”

    It continues in the next paragraph:

    “Mayor Morris, as President of the Airport Authority, is the “man in charge” there, as he is at City Hall.”
    On the other side of the photograph of the FBI agents loading seized files at the San Bernardino Airport is this paragraph “San Bernardino Mayor Patrick Morris is the only elected official named in the federal search warrants served at the airport on Sept. 21, 2011.  The warrants seek “evidence of bribery, theft, fraud, money laundering and more”. [Source: Press Enterprise, 9-22-11.]”

    Below the picture and the two sets of text flaking it are blue letters that say “City Attorney Investigators are also investigating charges of irregularities in contracts at City Hall.  The same City officials who are in charge at the airport are also in charge at City Hall.”

    Below that paragraph is a paragraph in white text on a black background:
    “‘For the City to move forward we must investigate and, if verified, expose any mismanagement or corruption at City Hall similar to that now being investigated by the FBI at the San Bernardino airport.  The people of San Bernardino deserve honest city government.’ ~City Attorney Jim Penman”

    Below that is a San Bernardino Police Officers Association badge with the text: “San Bernardino Police Officers Association Members Say: ‘On Election Day, Let Jim Penman finish the City Hall Investigations.”

    The back of the mailer has the Police Officers Logo and their address, and is in black and white.

    The headline of the back of the mailer says “Question: Why is Mr. McKenna running for City Attorney?  Answer: To Stop City Attorney Investigations into charges of contract irregularities at City Hall.”

    Below the headline is a quote from Mayor Patrick Morris from May 10, 2011 in the State of the City Speech “Corruption and scandals are not our concerns”.  To the right is a quote form challenger David McKenna and a picture of David McKenna.  It says “Corruption is not a priority for me.” with this legend below “[David McKenna, Oct. 11, 2011, Rotary Club debate.]”

    Below the Mayor Patrick Morris quote of “Corruption and scandals are not our concerns” are these quotes:

    “County Public Defender David McKenna, under pressure from the Board of Supervisors . . . after disclosing that he had intentionally violated County spending policies for nearly a decade . . .” resigned today.

    “. . .  he was violating county policies for years . . . it’s imperative the Board . . . appoint a public defender that we have confidence in.  Someone who complies with all the regulations of the County,” said Supervisor Fred Aguiar. [Source – Press Enterprise, July 2, 1999]

    In the middle of the back side is a question to the reader: “Is McKenna a responsible public servant and citizen? (You decide – see left and below.)  Left, refers to the Press-Enterprise article about David McKenna’s resignation as San Bernardino County Public Defender.  Below the rhetorical question is this quote: “Until moving to San Bernardino this year, McKenna lived in Riverside County for the past five years without registering to vote.”   This is a quote from the Riverside Press Enterprise, October 23, 2011.

    Finally, below the picture of David McKenna, which for political  attack ads is not a bad photo at all, says “. . . (if elected) I will eliminate the City Attorney (corruption) Investigators”.   The mailer attributes the quote to David McKenna at the October 11, 2011 Rotary Club debate.  The picture of David McKenna also has the wording “Paid for by Jim Penman for City Attorney 2011” on it.

    What City Attorney Jim Penman campaign themes have been addressed in this, the sixth mailer?  City Attorney Penman as elected watchdog.  David McKenna as carpetbagger.  David McKenna as Mayor Morris surrogate.  Corruption.  Corruption at the San Bernardino International Airport.  David McKenna’s past as an appointed official.

    Earlier, there were posts on the Rotary Club of San Bernardino City Attorney Forum and the San Bernardino Chamber of Commerce City Attorney Forum.