Ramos
Sunday, October 28, 2012 – 10:00 a.m.
Last Modified: Monday, October 29, 2012 – 10:00 a.m.
SAN BERNARDINO, CA– A new wrinkle is surfacing in a hotly-contested race for the San Bernardino County Board of Supervisors.
The legal requirements surrounding the 2011 resignation of San Bernardino City Councilman Jason Desjardins due to his business, Big Z towing, having a tow rotation contract with the San Bernardino Police Department is now emerging in the race between Third District Supervisor Neil Derry and San Manuel Tribal Member James C. Ramos.
Even though Councilman Desjardins recused himself, or abstained from voting, on matters related to his business. An investigation of Desjardins by City Attorney James F. Penman and the San Bernardino County District Attorney ensued.
Under the threat of prosecution, Desjardins resigned his council seat citing the need to protect his business interests.
The choice for Desjardins was either to let go of his business and livlihood, or be a part-time unemployed councilman.
No charges were ever filed.
Now the same issue is arising once again.
There’s no question Ramos, as a Native American, has the constitutional right to seek public office. This fact has never been in dispute.
The California Election Code states as much.
However, if elected, Ramos runs into a head-on collision with the California Government Code in regard to taking office. A code addressing prohibitions against “material” conflicts of interest by officeholders.
Any government official acting with a material financial interest is guilty of a felony at worst, and resignation form office at a minimum.
Specifically, Government Code sections 1090 and 1092 layout unequivocally the ability to hold office with the presence of a material financial interest with one’s officeholder status, and whether or not recusal or abstention cure any such conflict. The matter at issue involves Ramos’ position as a bonafide profit-sharing member of the San Manuel Band of Mission Indians, a Native American Tribe operating a gaming casino in the foothills adjacent to the cities of Highland and San Bernardino.
A location within the Third Supervisorial District.
Also present within the Third District sphere of influence is the Inland Valley Development Agency (IVDA) and San Bernardino International Airport Authority (SBIAA). Both agencies are charged with utilizing property tax increment in the reuse and redevelopment of the former Norton Air Force Base, which also includes a vast area surrounding the base, now airport, boundary.
Derry is seated on both boards.
These are two entities where the San Manuel Tribe’s real estate holdings converge.
As an example, the Tribe now owns the areas of the former military installation previously used for on-base housing and also the facility and property occupied by the U.S. Air Force Combat Camera Operation.
The Tribe currently is party to an agreement with Majestic Realty, a Ramos campaign supporter, to develop the former base housing property.
The issues at hand, while subtle, loom large politically and legally.
Where Ramos, who receives roughly $1.5 million in annual “pro-rata” profit distributions (terminology from Ramos’ own Form 700 – Statement of Economic Disclosure) from the Tribe’s operations, runs into trouble is the fact his duties as supervisor would, not could, come into conflict with his “material” financial interests in the San Manuel Government and Gaming operations.
Make no mistake, Ramos’ interests are not “remote”, but “material” as the law denotes. In other words any decision affecting the wealth of the Tribe impacts Ramos’ interests. Interest he cannot divest himself of.
This is a situation where recusal nor abstention from voting can resolve.
San Manuel now has millions of dollars in non-competitively bid contracts, with the county to provide services to the Tribal Government.
At center is two contracts. One for the Sheriff to provide law enforcement patrols on the reservation, and the other for the District Attorney to review criminal cases involving casino patrons, not-to-mention, the Tribe’s own Native American members.
For example, a contract executed August 10, 2012, and expiring on June 30, 2013, has the Tribe paying $1,048,909 to the County for services of the District Attorney. Ramos, as then Tribal Chairman, personally signed the agreement.
If Ramos were elected to the Board of Supervisors, he would immediately be subject to conflict of interest charges as soon as he were to begin casting votes.
In addition, Ramos would be conflicted as a board appointee to the IVDA and SBIAA boards.
A third-level appointment would be the Indian Gaming Local Benefit Committee. This committee is established for the sole purpose of doling out funds paid by local Tribe’s, particularly San Manuel, in an effort to offset the their gambling casino’s impact on the local community.
The underlying legal issue that recusal or abstention cannot cure is Ramos’ ability, if elected, to influence material issues as well as his colleagues on those very same material issues.
What is still yet to be determined, is whether or not Ramos and/or his backers were ever made aware of the plethora of legal issues surrounding his candidacy?
If there was knowledge within the Ramos campaign, then serious questions will be leveled.
The words deceit, duplicity and possibly stupidity ring large here.
With Ramos’ fundraising and expenditures of more than $1.2 million, it’s not hard to imagine the unsettling situation likely to develop with his donors and more importantly voters regardless of victory or defeat.
The potential debacle could have serious consequences.
Should Ramos win and not be able to serve, his seat would fall to a two-year appointment by four county supervisors. Should no decision be made within thirty days, California Governor Jerry Brown would make the decision.
A special election would be held in June 2014 to fill the remaining two years of the existing term.
InlandPolitics.com has learned that at least one legal opinion from a highly-regarded firm, specializing in public law, has been obtained regarding the situation and that legal action is likely to come forth, post-election, in the event of a Ramos win on November 6.
The legal action would consist of a taxpayer civil lawsuit and request for a temporary restraining order in San Bernardino County Superior Court, or a court outside the local jurisdiction.
Only in San Bernardino County……..
More LEGAL SERVICES FRAUD propounded on the responsibilities vested with the PUBLIC SERVANT himself, sad, so sad, when actually this political conspiracy to prop-up new leadership is a VIOLATION OF THE PUBLIC TRUST.
According to the article, if James Ramos is elected, he “runs into a head-on crash with the California Government Code,” as “any government official acting with a material financial interest is guilty of a felony.”
If this happens, I think it’s safe to say that DA Mike Ramos will do everything possible to avoid prosecuting James Ramos, the opposite of his actions in the Neil Derry prosecution.
“DA Mike Ramos will do everything possible to avoid prosecuting James Ramos”
Just as he did with Brulte and Ovitt.
Is this article a “real” account or a pitch for a movie? If true, and of course I know it is, then we should all hold on tight, and in awe, observe …
Bugs: [to Marvin] Eh, pardon me, Doc, but could you rent me a U-drive-’em flying saucer? I gotta get back to the Earth.
Marvin the Martian: The Earth? Oh, the Earth will be gone in just a few seconds.
Bugs: [walking away] Oh, well, don’t bother, then. No point in wasting money on a flying saucer when the Earth’s not gonna…
[Bugs stops suddenly with a shock and comes back to Marvin, who is trying to light the fuse of the space modulator]
Bugs: Eh, pardon me again, Doc, but, uh, just what did you mean by that crack about the Earth being gone?
Marvin the Martian: Oh, I’m going to blow it up; it obstructs my view of Venus.
Bugs: It does? That’s a shame.
[Bugs gets a terrified look and craftily defuses the modulator and takes it away]
[Marvin notices that his space modulator is missing and he discovers Bugs running off with it]
Marvin the Martian: The illudium Q-36 explosive space modulator! That creature has stolen the space modulator!
If a tree falls in the forest and no one hears it, does it make a sound? If a criminal act is committed in our county,and the perpetrator is a friend of Ramos, is it a crime?
Not in our county!
@ Rancho Business Owner: Actually, anybody can bring a 1090 complaint to court, as we are witnessing with the Colonies case (wrongfully by the way). All Ramos has to do is get elected and vote ONCE, and a legal charge can be brought by any member of the public. Mikey Ramos can’t protect Chico.
HA HA HA, you Derry people are getting pathetically desperate.
Red anon: Not as desperate as James is getting right now splaining himself to all his fellow tribal members about the money they forked over. Ha ha ha
Red
Desperate?
But why… how?
Derry is holding ALL the cards!
Hey, Red, this would be a good time to save yourself and jump ship, here let me give you a hand
You know Ramos motto:its not a lie if you believe it (thanks George).
My only regret is that this information didn’t come out sooner… like six months ago. This would have saved a lot of good people from buying into this garbage that Ramos has been putting out there. Ramos ought to be ashamed of himself for manipulating so many good people with his lies. After all is said and done, I’m not sure his tribesmen will welcome him back.
Funny:
Regarding Comment #9 and James Ramos “splaining himself to all his fellow tribal members about the money they forked over,” I don’t expect that to occur.
Rather, he will have his “spokesman” do it.
#10….Holding all the cards? ha ha ha….the problem is the game is roulette. You guys will realize that Wed of next week, but it will be too late by then.
Anonymous #14:
Your comments seem to always include a “ha ha ha.”
Don’t forget, he who laughs last laughs best.
Red anon:
You are funny. The Ramos express just hit a bridge that was out. It’s called Reality. Chico is screwed and his fellow tribal members won’t be pleased that he just put them back 10 years.
The problem with SB Politics are SB Politicians… Why Anonymous, stand proud, I do. I never hear that James is not a good choice because of ability or visions, only that this is why he can’t run, and how much he makes, and crying over his tax status, Really??? Com-on, which of you would turn down the ability to not have to pay taxes. (how many deductions do you try to squeeze in on your own tax return) Which one of you would volunteer to reject money due to you? (buy any lottery tickets lately?) Long before James Ramos decided to run for office I personally have witnessed many events that he participated in, (ribbon cuttings, dedications, community support events) I was privileged to witness his pride and sincerity in his culture and people. (what many of you do not even poses) With his money and status, he does not need San Bernardino, yet he continues and ALLWAYS has supported his community. I know of many things he has done for others, (how about you? What have you done) Really, give yourself a reality check, put your petty jealousy and sour grapes away, if you can do a better job, THEN DO IT! I am tired of the useless complainers pointing the finger and they don’t even have the integrity to use their own name. San Bernardino complainers don’t want change they want the same old dirt they roll in every day. I have seen it proven time and time again by the people that complain the most. Get REAL move forward or move out. Just an added thought of my opinion on other candidates, ” When a shoplifter gets caught shoplifting, do you really believe it was the only time they ever shoplifted?” Think about it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Hey, Tammy, how about these for a few reasons Ramos would be a horrible supervisor: HES STUPID, HES EASily MANIPULATED BY OTHERS, HES IGNORANT OF BASIC GOVERNMENTAL CONCEPTS, HES SPOILED, HIS DECISIONS WONT AFFECT HIMSELF. Enough? OK lets add: HES rich democrat who loves the Obama Democrat way: TAX AND SPEND, NO FISCAL DISCIPLINE, NO ACCOUNTABILITY. You my dear are either woefully uninformed of Mr Ramos’ lack of intelligence or you are just an idiot.
Tammy: James can barely put two sentences together about government. We already have Josie on the BOS. Do we really need another simpleton.
#17 states, “I never hear that James is not a good choice because of ability or visions”
MADAM COLLINS, Really? That’s because YOU have not been paying attention!!
You, and many, have been too DISTRACTED by CHEERING Ramos, your “HERO” at all his CUNNINGLY planned INSINCERE “ribbon cuttings, dedications,community support events” HE GOT YOU YOU ALL!!!!
YOU ask US, here, “how about you? What have you done”
WE MAY NOT BE BLESSED WITH MILLIONS AS JAMES RAMOS IS… BUT OUR “ACTS” are SINCERE ones to serve, by lending ourselves and what little we have, to our community, church, family or friends…UNLIKE RAMOS WHO IS NOW GOING AROUND COLLECTING VOTES FROM ALL THAT HE HAS LAVISHED WITH GIFTS.
Since you claim to have been “privileged to witness his pride and sincerity in his culture”…then you’ll understand why we here, too, are “PROUD AND SINCERE” in protecting OUR CULTURE; thus our theme song often posted here…
The Fightin’ Side of Me Lyrics – Merle Haggard
I hear people talkin’ bad,
About the way we have to live here in this country,
Harpin’ on the wars we fight,
An’ gripin’ ’bout the way things oughta be.
An’ I don’t mind ‘em switchin’ sides,
An’ standin’ up for things they believe in.
When they’re runnin’ down my country, man,
They’re walkin’ on the fightin’ side of me.
Yeah, walkin’ on the fightin’ side of me.
Runnin’ down the way of life,
Our fightin’ men have fought and died to keep.
If you don’t love it, leave it:
Let this song I’m singin’ be a warnin’.
If you’re runnin’ down my country, man,
You’re walkin’ on the fightin’ side of me.
I read about some squirrely guy,
Who claims, he just don’t believe in fightin’.
An’ I wonder just how long,
The rest of us can count on bein’ free.
They love our milk an’ honey,
But they preach about some other way of livin’.
When they’re runnin’ down my country, hoss,
They’re walkin’ on the fightin’ side of me.
Yeah, walkin’ on the fightin’ side of me.
Runnin’ down the way of life,
Our fightin’ men have fought and died to keep.
If you don’t love it, leave it:
Let this song I’m singin’ be a warnin’.
If you’re runnin’ down my country, man,
You’re walkin’ on the fightin’ side of me.
Yeah, walkin’ on the fightin’ side of me.
Runnin’ down the way of life,
Our fightin’ men have fought and died to keep.
If you don’t love it, leave it:
Let this song I’m singin’ be a warnin’.
If you’re runnin’ down my country, man,
You’re walkin’ on the fightin’ side of me.
Tammy Collins:
In comment # 17, you claim that you “never hear that James is not a good choice because of ability.”
Please review my prior comments; I have said for several months that James Ramos is totally unqualified to be a County Supervisor.
I recommend that you review the video of the Big Bear Lake candidates forum where he exhibited a non existant insight into county issues. For example, he didn’t know that Highway 330, a major transportation corridor in the district he hopes to represent, was maintained by CalTrans.
In over 40 years of following county politics, I cannot recall seeing a less qualified candidate. He is, in my opinion, “not a good choice” because of a clear lack of “ability.”
Tammy, Tammy, Tammy – Are you really serious? Have you ever listened to Mr. Ramos speak on county issues? The organization that I belong to (Big Bear Democratic Club) hosted the candidate forum in April. I was there to see first hand Mr. Ramos’ chance to step up with the big boys and comment on issues that pertain to the district. He failed miserably!
If you’re into horror movies, I challenge you to log on to http://www.channel6bigbear.com and view the forum for yourself. Click on: Watch Big Bear Candidates Forum. On the right side, go to Find A Video – Click on 2012 County Supervisor. Make sure you have plenty of kleenex.
You will be totally embarrassed in the performance of your champion. Even with his two inch thick notebook, he had no clue. His generic responses told us all that he is clueless regarding county issues. I guess Josie didn’t spend enough time prepping him for this event.
I dare say that you, dear Tammy, can be included in the group of many good hearted people that have been fooled into thinking that this civic minded man would make a great supervisor. Don’t feel bad. There are many of my good friends who have fallen prey to the lie-monster.
Tammy….Don’t worry, Ramos does not need to speak on any of these foney issues that are spoken of here. Such short memories prevent the readers here from acknowledging the reality of a repeat of the public reprimand Derry experienced during the primaries. Instead they prefer to live in fairy or rather Derry tale land. All of this propaganda is just an attempt to divert attention away from the fact that the only support Derry has are the 5 people that blog on this site.
“All of this propaganda is just an attempt to DIVERT attention away from the fact that the ONLY support Derry has are the 5 people that blog on this site.”
Divert?
Oh no, Red, on the contrary…
PLEASE TAKE NOTE ON HOW FAR THESE “5 BLOGGERS” HAVE TAKEN HIM…
IMAGINE…DERRY’S “5″ HAVE TAKEN HIM FURTHER THAN RAMOS’ “MILLIONS”
THAT’S “MILLIONS” WITH AN “S”…PLURAL.
In all seriousness though, Derry’s support reaches way beyond the limited “5″ Red would like everyone to believe…and the mere thought of how far this support reaches is frightening even Red.
Red and Tammy are obviously communists.
tammy……………i know how to cut ribbons …. thus, i must be qualified to be supervise you. oh, i also donate over $100,000. being generous and cutting ribbons and such does not translate to an ability to govern. i applaud ramos’ generosity assuming he does not EXPECT recipients vote for him ……..
“Tammy…Don’t worry, Ramos does not need to speak on any of these foney issues”
Wow Red!
That’s your advise to Tammy…in other words, “SHUT UP TAMMY, AND JUST VOTE FOR RAMOS…HE HAS “MONEY” HE DOESN’T NEED TO SPEAK ABOUT ANY DAMN ISSUES!”
That, in a nut shell, has been James Ramos campaign!
Red,
“roulette.”?
NO, THAT’S A COWARDS WAY… TOO FAST AND EASY, PAINLESS.
But mark my words–
Win or loose the BATTLE on November 6th…
In reality, Derry is already won…
AND IN THE END, HE’LL WIN THE WAR.
Derry “has” already won.