As more statements from those involved appear in local newspapers, and other information is gathered related to the travel activity of County Supervisor Paul Biane and incoming County Administrative Officer Greg Devereaux, it is becoming very apparent that both men are on opposite sides of the coin.
In 2008, both men accompanied local businessmen to West Viriginia for a football and golf outing.
However, their stories in local newspapers diverge from here out.
Devereaux appears to have made an honest mistake in his reimbursement for the travel.
Devereaux was apparently unaware that the rule for reimbursement of private charter travel had been changed some 45 days before the trip.
The old rule, commonly referred to as the “Southwest Airlines” rule mandated the reimbursement for any private charter travel must be done so at the lowest available common carrier flight to the same destination available to the public. Devereaux complied.
However, in July 2008 the Fair Political Practices Commission (FPPC) voted to change the rule to require reimbursement of actual cost of the charter apportioned evenly among each passenger, excluding the flight crew. The rule change became effective on August 15, 2008.
Any reimbursement must be accomplished within 30 days. If complied with, the trip is not reportable on the FPPC Form 700 Statement of Economic Interest.
So under the new rule Devereaux’s reimbursement was insufficient, but likely to be construed as a mistake. Devereaux also provided a gift of equal or greater consideration to offset other trip related expenses.
Biane on the other hand would like everyone to believe that he too made an honest mistake. Not so fast!
In order for an officeholder to pay for travel from their campaign funds, the travel in question must have a governmental or political nexus, and be of such a nature that travel outside California was required. Everyone on the trip was from SoCal. So the out of state requirement isn’t there.
Another problem. Biane says the trip had a political and governmental purpose thus paying out of the campaign funds is acceptable. Once again, not so fast.
Biane says he went on the trip to socialize with donors and to discuss with Devereaux his interest, if any, in the County Administrative Officer (CAO) position, even though Biane had no intention of releasing current CAO Mark Uffer.
Devereaux says the outing was a personal trip. Biane says it was political/governmental.
The more glaring problem in the situation. There is no mention of any reimbursement for any expense related to the trip on Biane’s FPPC Form 460 Campaign Finance Disclosure for the period covering the trip, filed on 10/06/2008. An amended campaign finance disclosure filed on 10/23/2008 makes no mention of the trip either.
In other words no reimbursement was ever made.
On March 11, 2009, Biane filed an amended campaign finance disclosure listing reimbursements from campaign funds related to the trip. Just 8 days before the Chief of Staff to Supervisor Neil Derry was arrested on gift reporting issues.
In late February/early March 2009, Board of Supervisors staff had become aware the DA had seized flight records of charters out of Ontario.
In other words Biane never reimbursed until March 2009, after he became aware that the District Attorney may have known that he failed to disclose.
Biane’s FPPC Form 700 Statement of Economic Interest for 2008 makes no mention of the trip.
Biane’s campaign treasurer Betty Presley acts as treasurer for many politicos. Presley has an impeccable reputation and follows the law to the letter.
Make no mistake. The reports prepared by Presley were accurate based upon information provided her by Biane.
If the trip had no governmental/political nexus, or no other consideration of equal or greater value was provided the businessmen by Biane, then reimbursement must be from personal funds.
All disclosure forms were signed under penalty of perjury.
Some explanations are going to be needed here. Like why no criminal charges? Was there no perjury? Was there no filing of false documents? Why would Ramos let Biane off the hook?
Why has Derry’s former Chief of Staff Jim Erwin been singled out by District Attorney Ramos?
Devilreaux shouldn’t be off the hook that easy, what about the public perception part of this, that he is tooling around with the same gang of thieves that stole $102M from the taxpayers of this County. Maybe, just maybe, the trip was a private/governmental/political excursion that shouldn’t even have been considered being accepted by either Biane or Devereaux, due to the established public perception that there is a public trust issue from the County’s and Ontario City’s history with this very same influential and enterprising developer group. It is only so obvious that both of them have manufactured their own fictional accounts, as reflected in their diametrically opposed FPPC filings. Mikey should be ashamed that his hands are tied (again) by his own conflicted situation, so that he must deffer to the FPPC. This is more evidence of “selective prostitution” of County resources that continues to cost this County dearly, both monetarily and in the form of our bad reputation as the most corrupt County in California.
come on Mikey! Biane needs to get arrested, booked, thrown in jail, and given a $200,000 bail amount.
For Biane it”s about time, For Devil reaux it’s probably coming!
First of all, everyone already thinks Biane is the dirtiest person in the county…and they are probably right. He never does anything unless it personally benefits himself or his well-heeled friends…which of course still benefits himself.
Devil redaux obviously thinks he’s a politico so he likes to pal around with the scumball class of people,,,like Biane. This is what the county just hired….a smart Uffer. Another tainted scumbag who will rip off the county, abuse the employees and otherwise exercize little or no judgment or real leadership.
The employees and others see Devilreaux for what he apparently is: A BIANE AND OVITT CLOWN, only Devil-like looking. Good job Ovitt! You couldnt find a real government manager, could you? No, all you could find is some two-bit goofball willing to do your dirty bidding…so you made him the highest paid employee in the County..with a 10 year contract.
Yes, Kirk and Ovitt belong in Lompoc; Biane and Matt Brown belong in Folsom and Ramos belongs in Hell.
The public will catch on to you scum before long.
Excellent analysis by Inland Politics, made so much better by the overview from Little Stevie Wonder.
Beyond the prosecutions and indictments, both official and unofficial, beyond the lessons in the fine points of the law, is the question of why the culture of San Bernardino County politics makes it so difficult for any public servant to perform their duties cleanly and clearly for the benefit of the people.
A turkey was chatting with a bull.
‘I would love to be able to get to the top of that tree’ sighed the turkey, ‘but I haven’t got the energy.’
‘Well, why don’t you nibble on some of my droppings?’ replied the bull. They’re packed with nutrients.’
The turkey pecked at a lump of dung, and found it actually gave him enough strength to reach the lowest branch of the tree..
The next day, after eating some more dung, he reached the second branch.
Finally after a fourth night, the turkey was proudly perched at the top of the tree.
He was promptly spotted by a farmer, who shot him out of the tree.
Moral of the story:
Bull Shit might get you to the top, but it won’t keep you there..