City Attorney Allowing Charter Committee to Meet Despite Charter Violations

San Bernardino City Attorney Gary Saenz is allowing the Charter Reform Committee (AKA the Volunteer Citizen-Based Charter Committee) to meet today despite the violations of Charter Section 51 by the Mayor and the City Council.

Gary Saenz being sworn in as San Bernardino City Attorney.

City Attorney Gary Saenz has blessed the meeting of the Charter Committee despite clear violations of the San Bernardino City Charter by the Mayor and City Council.

As we wrote yesterday, the appointment of the members of the Charter Committee by Mayor Carey Davis and the City Council failed to comply with Section 51 of the San Bernardino City Charter which governs the appointments of members to committees.

Without commenting on why he is ignoring the violation of the City Charter, City Attorney Gary Saenz has given his blessing to a meeting of this improperly formed committee.

On top of that another violation of Charter Section 51 has taken place today.

Mayor Carey Davis has appointed Gloria Harrison to the Charter Committee in place of Dan Carlone without consent of the San Bernardino City Council.

While we are pleased that Mayor Davis has now recognized the glaring omission of women and Latinos from the membership of Charter Committee, it still does not excuse the leadership San Bernardino from the actions they have taken in direct violation of the City Charter.

If Section 51 is such an incredible burden to making policy in San Bernardino, then the Mayor and City Council should properly appoint the members of the Charter Committee at their next meeting and instruct the Committee to immediately review the appointment process laid out in Section 51.

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Charter Reform Committee Violates the City Charter

San Bernardino’s newly appointed Charter Reform Committee (now being called the Volunteer-Citizen Based Charter Committee) appears to have a big problem on its hands.

As currently established, the Committee clearly violates Section 51 of the San Bernardino City Charter.

Charter Section 51 reads as follows:

The Mayor, with the consent and approval of the Common Council, shall appoint all officers, and all members of joint powers authorities, committees, and commissions, regardless of whether they are local, county, regional, state or otherwise, except those appointments made by the City Manager or by elected officials pursuant to this Charter, and except any other appointments for which this Charter expressly provides otherwise, and shall fill all vacancies in an elective office not otherwise provided for in this Charter…

The key take away here is this:

The Mayor, with the consent and approval of the Common Council, shall appoint…all members…of committees,…regardless of whether they are local, county, regional, statewide or otherwise…except any other appointments for which this Charter expressly provides otherwise.”

The Charter Committee is clearly a local committee where the appointment of its membership is not expressly laid out in the City Charter, therefore its total membership must be appointed by Mayor Carey Davis with a vote of consent on each appointment from the members of the San Bernardino City Council.

That’s not how the nine members of the Charter Committee were appointed.

The City Council approved the creation of this Committee, but Mayor Carey Davis did not appoint its nine members.

Davis appointed two members and each of the seven City Councilmembers appointed one member to the Committee.

Under Charter Section 51 however, the seven committee members appointed by individual members of the City Council must actually be appointed by the Mayor with a vote of consent by the City Council as a whole.

The Mayor did not appoint these seven members and the entire City Council did not approve the appointment of each individual with a vote of ratification.

Similarly, while Carey Davis did appoint two members to the Charter Reform Committee, neither of  his appointments were approved by a vote of the City Council as a whole as required by Section 51.

Since the appointment of the members to this Volunteer Citizen-Based Charter Committee does not comply with the specific letter of the San Bernardino City Charter Section 51, the meeting of the Committee tomorrow would be in violation of the City Charter.

To comply with the City Charter, any and all meetings of the Charter Committee should be postponed until Mayor Davis formally appoints the members of the Committee and the City Council gives its vote of consent.  This  will procedurally rectify the existing issues of the Charter Committee.

Additionally, had Charter Section 51 been followed as required, it would have enabled the Mayor and City Council to realize the lack of diversity in the in the Charter Committee’s membership.

The makeup of the Charter Committee completely excludes the participation of women and Latinos – although women make up more than half of San Bernardino’s population and Latinos account for 60% of our city’s residents, according to the U.S. Census.

Perhaps by going back and complying with Charter Section 51 to make appointments to this body, the Mayor and City Council can correct this glaring matter of discrimination.

Posted in Carey Davis, Charter Reform, News | Comments Off

Mayor Carey Davis Faces First Ethical Test

When Carey Davis was running for Mayor he often spoke about the importance of transparency at San Bernardino City Hall.  Many believed him and gave Mr. Davis their vote.

Carey Davis, failed Mayor Pat Morris' chosen successor, is going into a runoff election for Mayor of San Bernardino.

San Bernardino Mayor Carey Davis has a chance to show the city whether or not he truly believes in transparency.

Others were skeptical, figuring it was just more meaningless words from a politician chasing after an elected office.

Monday’s City Council meeting looks to tell us which group of voters was right.

On the City Council’s agenda is Item 5E.

Item 5E is a consent calendar item to award a no-bid contract to MICA-PR for “Mayor’s Chief of Staff Services.”

Who’s MICA-PR you might ask?  It’s a lobbying/ public relations/political consulting firm run by one Michael W. McKinney.

MICA-PR ran Carey Davis’ campaign for mayor and also served as the campaign consultant to the two local special interest funded political action committees, Residents for a Better San Bernardino and  San Bernardino Residents for Responsible Government.

Residents for a Better San Bernardino coordinated its efforts with Carey Davis’ campaign to ensure his election as mayor.

San Bernardino Residents for Responsible Government ran the recall campaigns in San Bernardino, while also receiving financial support from Residents for a Better San Bernardino.

Public records show MICA-PR was paid $55,091.17 from the three entities.  

  • Residents for a Better San Bernardino paid MICA-PR $22,746.98.
  • San Bernardino Residents for Responsible Government paid MICA-PR $7,993.9 –  and still owed the company $4,493.78 according to it’s last campaign filing.  
  • The Carey Davis for Mayor campaign paid MICA-PR $24,350.26 – and according to his last campaign filing, Carey Davis’ campaign still owed MICA-PR $5,124.95.

(All filings available for online public inspection at this link)

There are many issues that need to be addressed by the City Council and answered by Mr. McKinney when this contract comes up on Monday night.

1.    Why is this contract with MICA-PR on the Consent Calendar? 

A contract with the Mayor’s campaign consultant, especially one who has financially benefited from the recent electoral changes in the City of San Bernardino, is a topic worthy of a thorough public discussion and vetting.

Placing this item on the Consent Calendar seems shady at best. Regardless it is a far cry from the transparency Carey Davis assured voters would be a hallmark of his administration.

2.   Why is this contract being made with a private corporation and not with an individual?    Continue reading

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Inaccurate Comparisons of Detroit and San Bernardino Continue

On Friday the bankrupt City of Detroit unveiled a plan to cut the current pension benefits being paid to its already retired workers.


Detroit (Photo credit: Ann Millspaugh)

Many immediately seized on this news, believing that what’s happening in Detroit will also happen to bankrupt California cities like San Bernardino.

The Sacramento Bee  reported the following:

In a case with significant implications for public pensions in California, the bankrupt city of Detroit proposed slashing retirement benefits by up to 34 percent in a plan unveiled Friday.

The city, which is $18 billion in debt, would cut pensions 10 percent for retired police officers and firefighters, and 34 percent for other municipal retirees as it tries to resolve the largest municipal bankruptcy in American history. Unsecured creditors would receive about 20 percent recovery, in the form of new securities issued by the city.

Detroit’s plan is being closely watched in California, where two cities are trying to exit bankruptcy and other cities are facing financial stress over rising pension costs. The city of San Bernardino has hinted that it might try to reduce its $24 million-a-year bill to CalPERS, although it hasn’t yet filed a reorganization plan. Last fall the city of Stockton proposed a bankruptcy plan that leaves pensions untouched but restructures much of its bond debt.

However, equating the different pension systems of the two bankrupt cities is the proverbial apples to oranges  comparison and could lead many to the wrong conclusion.

As we previously reported, there are significant differences between the Detroit’s municipal pension system and the state pension system that San Bernardino belongs to.

CalPERS noted this in the Sacramento Bee article.

“…officials with CalPERS said California pensions have additional legal protections not available to workers in Detroit. Notably, California public pensions are protected by state law and the state constitution, according to lawyers for CalPERS.”

So if you are worried or excited about what’s going on in Detroit, don’t fret or celebrate just yet.

There are significant differences between the pension systems for each city and the laws that govern them, and the federal bankruptcy court takes that all into account in these cases – just as it did in Vallejo and Stockton where pensions were not changed.

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Statement by Steve Turner, President of the San Bernardino Police Officers Association

The San Bernardino Police Officers Association congratulates Mayor-Elect Carey Davis, Councilmember-Elect Henry Nickel and Councilmember Fred Shorett on their victories in Tuesday’s elections.

There are many crucial issues facing our city – bankruptcy, unemployment, and rising crime.  For San Bernardino to become economically stable and for jobs to come here, we all agree that we must make our city a safer place for everyone who lives or works here.

If we are going to turn this city around then we must have an intense focus on preventing and reducing violent crime, burglaries, prostitution, and pan-handling that is eroding San Bernardino’s quality of life.

We stand ready to work with the city’s leaders to accomplish these goals vital to the safety of San Bernardino’s residents and our city’s economic turnaround.

Posted in Mayor's Race, News, Police Association | Comments Off

State Pension Fund Has Best Year Since 1997

Hold on to those petitions to gut police and fire pensions, Mayor Morris. The California Public Employees Retirement System (CalPERS) just had its best year since Bill Clinton was President.

English: Official White House photo of Preside...

California’s pension fund has best year since Bill Clinton was president(Photo credit: Wikipedia)

The Los Angeles Times reports the CalPERS pension fund earned an amazing 16.2% return on its investments in 2013:

The California Public Employees’ Retirement System, which provides benefits to about 1.7 million state and local government workers, retirees and their dependents, said its total investments were worth $282.6 billion as of Friday, the highest ever.

Better known as CalPERS, the country’s biggest public pension fund was especially helped by the stock market’s best year since 1997. Among its holdings, publicly traded shares did best; bonds and commodities did the worst.

The results for 2013 capped a wild ride for the agency over the last 11 years. The fund was especially hard hit during the Great Recession of 2007-09. In 2008, amid the depths of the worst global economic slowdown in half a century, the fund lost 27.8% of its value.

Since then, it has climbed back. In 2011, the fund’s increase in value was a mere 1.1%. For 2012, the rate of investment growth was up to 13.3%. By early 2013, the total value of the fund officially surpassed its pre-recession high.

CalPERS’ overall rate of return for 2013 was more than twice the 7.5% minimum that the fund’s board has said it needs to meet current and future obligations to retirees.

This is great news for cities like San Bernardino because higher investment earnings generated by CalPERS equates to lower pension contributions for cities.

Pension hypocrites like outgoing Mayor Pat Morris will most likely try to minimize this news as it undermines his effort to decimate the CalPERS pension system.

But as the LA Times article also states:

“This definitely takes some of the wind out of the sails of critics,” said Steve Maviglio, a spokesman for Californians for Retirement Security, a coalition of 1.6 million government workers and retirees. CalPERS’ new report makes it “hard to make the case that the sky is falling with returns like that.”

Posted in News, Pat Morris, Pensions | Comments Off

San Bernardino Named Worst Run City in America 2 Years in a Row

It’s not a title any city would want to ever have even once.

It’s certainly not a title any city would want to have twice.

But the City of San Bernardino has managed to pull it off.

English: Downtown San Bernardino

San Bernardino, CA has now been named the Worst-Run City in America for two consecutive years. (Photo credit: Wikipedia)

24/7 Wall Street has for the second consecutive year named San Bernardino, California as the Worst Run City in America.

Detroit, Michigan with all of its massive problems couldn’t even unseat San Bernardino from the #1 spot.

This dubious and unwanted honor perfectly highlights the mismanagement and failed leadership of Mayor Pat Morris for the last eight years.

Thankfully Pat Morris will be out of office in less than two months.  But he’s left an enormous mess for his successor that must be cleaned up if San Bernardino is truly going to rise from the ashes like the mythical phoenix.

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Murder Rate Remains Tragically High in 2013

The darkest mark on the record of outgoing San Bernardino Mayor Pat Morris isn’t the city’s bankruptcy.

The number of murders in San Bernardino is the darkest mark on Pat Morris's record.

The number of murders in San Bernardino is the darkest mark on Pat Morris’s record.

It’s the horrific level of violent crime in the city Morris was twice elected to lead.

“San Bernardino ended 2013 with 46 homicides, one less than the year before,” The Sun reported at the start of this new year.

As Mayor, Pat Morris had the ability to make public safety and crime prevention his top priority.  He failed to do so and the residents of San Bernardino have suffered because it – especially after the economy collapsed.

Now as Pat Morris is leaving office, he is also leaving a huge mess for San Bernardino’s next mayor to clean up.

Not only is San Bernardino bankrupt, but crime is rampant throughout our community as  Pat Morris has turned his back on the Police Department

Should San Bernardino rebound economically, its going to need to attract job-creating business investment.

But businesses are not going to want to locate here if the city remains so unsafe.

Clearly the next mayor – whether it’s Wendy McCammack or Carey Davis – will need to have a completely different approach to dealing with crime than what we’ve had for the last eight years with Pat Morris.

If that doesn’t happen, then it will be extremely difficult to see how San Bernardino can turn itself around at all.

Posted in Crime, Mayor's Race, Pat Morris | Comments Off

Appeal of San Bernardino’s Bankruptcy May Move Forward

Just when you thought things were going pretty hunky dory with San Bernardino’s bankruptcy, an appeal of the city’s eligibility has been approved.

The Sun reports:


U.S. District Judge Dolly Gee agreed Friday to let San Bernardino’s largest creditor appeal directly to the 9th Circuit Court of Appeals, opening another front in the battle between the city and the California Public Employees’ Retirement System.

9th US Court of Appeals - Night

9th US Court of Appeals – Night (Photo my canadian pharmacy online credit: KN6KS)

If the 9th Circuit agrees to take the case, CalPERS will argue that U.S. Bankruptcy Judge Meredith Jury was wrong when she decided in August that the struggling city qualified for bankruptcy protection.

Meanwhile, Jury will continue overseeing the bankruptcy case, and U.S Bankruptcy Judge Gregg Zive will continue leading mediation sessions that reportedly are progressing well.

As Jury herself said, that progress could stall if CaLPERS or other parties decide they’re better off dragging their feet or focusing attention on the appeals process, argued the city’s bankruptcy attorney, Paul Glassman of Stradling Yocca Carlson & Rauth.

CalPERS has consistently argued that the City of San Bernardino is not eligible for bankruptcy protection. Just as consistently, CalPERS arguments have been denied and the bankruptcy process moved forward.

CalPERS celebrated this recent legal victory: Continue reading

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San Bernardino Police Officers Endorse Randy Wilson for City Council

The San Bernardino Police Officers Association has endorsed Randy Wilson for City Council in the 5th Ward Special Election.

Randy Wilson is a Police Sergeant, 28 year resident, and City Council candidate of San Bernardino.

Randy Wilson is a Police Sergeant, 28 year resident, and City Council candidate of San Bernardino.

“Randy Wilson is a proven leader who is greatly qualified to serve on the San Bernardino City Council,” said Steve Turner, president of the San Bernardino Police Officers Association.  “Randy has lived in San Bernardino for 28 years.  During that time he has shown his commitment to the community through his service as a member of the San Bernardino Police Department and as a volunteer mentoring our youth.”

“Randy Wilson is a problem solver who understands the value of teamwork,” Turner said.  “He will bring his knowledge, experience, and integrity to help fix the problems the City of San Bernardino is facing.  The San Bernardino Police Officers Association is proud to support Randy Wilson for the City Council.”

Randy Wilson came to San Bernardino in 1984 as a Police Officer following four years serving our nation in the United States Marine Corps. He has been a resident and homeowner of San Bernardino since 1985.

As a member of the San Bernardino Police Department, Randy has served in many capacities, including as a Patrol Officer, a K-9 Officer, a Narcotics Officer assigned to the California Department of Justice, a Narcotics Detective, a Homicide Detective, and as a Vice/Narcotics Sergeant.

For his service, Randy Wilson received the Police Cross and two Meritorious Service Awards.  Randy is currently assigned to Patrol as a Sergeant.

In addition to his service in the San Bernardino Police Department, Randy has also been active with the youth of our community.

He has volunteered as a Cub Scout Leader and Cub Scoutmaster with Our Lady of the Assumption Church, Cub Scout Pack 128.  He also served as Scoutmaster for the Boy Scouts Troop 128.

In recognition of his service to the Boy Scouts of America, Randy Wilson was honored with the National Presidents Scoutmaster Award of Merit.

Randy and his wife Jo have been married for over 30 years.  They have two sons, both who are Eagle Scouts.

Randy Wilson is tentatively set to retire from the Police Department on March 1, 2014. Should Randy be elected to the City Council, he would be retired before being sworn into office.

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