Cabriales

August 02, 2012 6:19 PM
Brooke Edwards Staggs, City Editor
Background on investigation:

VICTORVILLE • After a year-long review, the District Attorney’s Office determined Mayor Pro Tem Rudy Cabriales broke state law when he voted on contracts that benefited his wife multiple times over the last decade. However, a letter from Deputy D.A. John Goritz, who oversees the District Attorney’s Public Integrity Unit, states no action will be taken since the practice has stopped and there didn’t appear to be a malicious intent.

Government Code 1091 dictates that elected officials must disclose potential conflicts of interest and refrain from voting on items that will benefit them financially.

As reported in the Daily Press in May 2011 and discussed in District Attorney’s Office July 31 letter, city records show Cabriales voted to approve $50,000 in sponsorships over the past eight years to the High Desert Hispanic Chamber of Commerce — a nonprofit headed by his wife.

Per Vickie Cabriales’ contract as executive director of the chamber at the time the sponsorships were approved, she received a 10-percent commission for each sponsorship she brought in. She also received an annual bonus equal to 10 percent of the chamber’s net operating income, on top of her base salary of $50,000.

“While the interest is considered a remote interest under Government Code 1091, the record reflects Mr. Cabriales did not comply with the notification requirements or by abstaining from all votes,” Goritz stated.

However, Goritz notes that Vickie Cabriales has since changed her contract so she no longer receives commission and that the cash-strapped city is no longer financially supporting the Hispanic chamber, eliminating the potential for a conflict going forward.

“Although the failure to fully comply with the requirements of (the law) is a concern, it did not appear there was a willful intent to deceive the City Council,” Goritz states. “Based on the above results of our investigation, no further action will be taken at this time and we consider the matter closed.”

Rudy Cabriales did not respond Thursday to requests for comment on the DA’s findings.

But the decision not to penalize the mayor pro tem or pursue the matter further did not sit well with Councilwoman Angela Valles, who filed the complaint with the DA in spring 2011.

“What’s the point of having laws if you’re not going to enforce them?” said Valles, who served on the HDHCC’s board herself until she had a falling out with Vickie Cabriales.

Valles also filed complaints with the San Bernardino County Grand Jury and state and U.S. Attorney General’s offices, partly on prompting from the Fair Political Practices Commission. The FPPC in May 2011 flagged a potential conflict of interest related to Rudy Cabriales also voting in favor of a number of city contracts with companies that have sponsored the HDHCC.

The grand jury report came out June 29 with no mention of the conflict, and there’s been no word from the state or federal Attorney General.

“This is why Victorville is in the trouble they’re in because there’s nobody willing to hold them accountable,” Valles said. “I’m really disappointed.”

Brooke Edwards Staggs may be reached at (760) 955-5358 or at bedwards@VVDailyPress.com.

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