Sunday, May 20, 2012 – 03:30 p.m.

An interesting turn of events is unfolding in the taxpayer lawsuit filed by Upland lawyer Corey Briggs on behalf of two groups known as The Inland Oversight Committee and Citizens for Responsible Equitable Government.

The purpose of the lawsuit is to force the San Bernardino County Flood Control District to recover $102 million it paid Colonies Partners L.P. to settle litigation surrounding a land use dispute over a flood control basin located in Upland.

In a new twist, Briggs may have picked up a new ally in his quest to force the recovery of the funds.

That new friend being the Board of Supervisors.

Online court records reveal that on May 16 the County Counsel’s office has filed a request for stay of all proceedings in the case.

The move comes one day after Colonies Partners L.P. filed a second demurrer to have the case thrown out of court.

A previous demurrer, filed by Colonies, forced Briggs to amend his complaint in an attempt to salvage the suit in its entirety.

A ruling on the stay request and second demurrer is currently set for June 11.

BY RICHARD K. De ATLEY
STAFF WRITER
rdeatley@pe.com

Published: 19 May 2012 05:28 PM

A letter from an attorney to the State Bar of California alleges that Riverside County Public Defender Gary Windom, 62, suffers from memory loss that is affecting his ability to run his office, which represents indigent defendants.

The letter says there are widespread ethical issues inside the office — from turning a blind eye to sexual harassment complaints to discrimination, unfair hiring, promotion, and discipline practices, to management decisions that imperil justice for clients.

The single-spaced, 24-page letter is written by Chatsworth attorney Paul J. Virgo, who said it gathers a series of complaints he has been given about the office.

The letter is accompanied by a deposition transcript from January in which Windom does not recognize the name or identity of an assistant public defender whom he had hired and worked closely with.

The attorney representing Windom’s office in the lawsuit by a former employee “appeared frantic about the need to stop the proceedings” and seemed “surprised and alarmed at his client’s gaping loss of memory” about the assistant, the letter states.

The letter also says that Windom has trouble identifying even long-time attorneys in his office, and has exhibited an inability to remember conversations, or has a sincere belief that conversations took place when they did not.

“Gary Windom…is engaging in behavior that is dishonest, unethical, damaging to the overall interests of the office and the county, and most importantly, placing clients at risk,” the letter states, and that “Windom is suffering from infirmities evidenced by memory loss, poor judgment, and irrational decision making.”

Windom said Thursday May 17 that he has seen the letter, which is dated May 10. Riverside County officials also have a copy and are reviewing it, spokesman Ray Smith said. A California State Bar spokeswoman said the Bar can neither confirm it received the letter, nor say whether there will be any investigation as a result.

“It’s really premature to talk about the point-by-point allegations in the letter,” Windom said. “In our society, anyone can make allegations, and we will review those allegations and respond in the appropriate legal venue, if and when necessary.”

The Public Defender’s office employs about 120 attorneys and has an annual budget of more than $31 million. It has been estimated in recent years that it represents clients in about 65 percent of the felony and misdemeanor cases filed in Riverside County. Windom has been the county’s public defender, an appointed position, for 13 years. The listed annual salary range is $172,299.71 – $310,340.58.

The complaint letter by Virgo is addressed to Acting Chief Counsel Jayne Kim of the State Bar. Virgo wrote that it was based on information he received from at least 18 attorneys. None are identified in the letter, but Virgo wrote that most are associated with the Public Defenders office “and a few others are concerned members of the local legal community.”

The letter also does not identify individuals whose situations it describes. But some of the letter’s accounts, combined with court records, previous news coverage of cases and known personnel moves within the office, make it clear in some cases which individuals are being discussed.

In one instance, the letter said, a supervisor was placed on paid administrative leave for a second driving-under-the-influence arrest in February 2012. But a higher-ranking assistant public defender, also named in two separate DUI charges less than three years apart, “appears to have suffered no consequences whatsoever for his arrest for a second DUI.”

News reports and court records show that the supervisor, Gordon Richard Cox, was arrested on suspicion of DUI in February, and that was preceded by a similar 2008 offense to which Cox had pleaded guilty.

Court records show that Assistant Public Defender Peter Scalisi also had a second DUI arrest, in September 2010 on Lime Street near 14th Street in Riverside.

That was preceded by an Orange County DUI in March of 2008 to which Scalisi pleaded no contest, court records show. In the Riverside case, Scalisi pleaded to a reduced charge because there was a problem proving his blood alcohol level had reached the .08 requirement to be legally drunk, according to court documents.

Scalisi, who heads the Capital Defender’s office, did not return a phone call seeking comment.

To read entire story, click here.

Sandra Emerson, Staff Writer
Created: 05/17/2012 07:23:12 PM PDT

UPLAND – The City Council has been updated on the condition of the city’s budget and will meet next week to decide where to make cuts.

City Manager Stephen Dunn presented the council with an update on the city’s fiscal condition during a special meeting on Wednesday, asking it to set its priorities so staff could find a way to absorb $3.4 million in obligated expenses.

“I have $400,000 in new revenues I can apply to services in the general fund. I have $3.8 million in what we call obligated expenditures, so I am saying that I am already short $3.4 million from where we are right now,” Dunn said.

The council asked Dunn for more information on the impact of the cuts and scheduled another special meeting at 7 p.m. Wednesday.

Dunn asked the council to consider reallocating resources, which would take money from selected departments to give to others. Or, make each department absorb its own obligated expenditures, which would result in a higher service level reduction in public safety.

Councilman Ken Willis asked Dunn to have staff prepare two budget scenarios for the next meeting.

“My recommendation is that we share across the board. It’s not fair for one individual group to take the brunt of it,” said Councilwoman Debbie Stone. “This is something we need to look at and figure out a way to make it work.”

The city expects to see about $2.2 million increase in its general fund revenues – $400,000 in new revenues and $1.8 million in budgetary accounting changes.

The city has identified about $3.8 million in obligated expenditures that will need to be absorbed moving into the 2012-13 fiscal year. The $400,000 in new revenue makes the shortfall from the current fiscal year $3.4 million.

Of the $3.8 million, $2.3 million is in labor costs, $400,000 is in operational costs and $1.1 million is in legal costs.

The police contract is estimated to cost the city about $700,000. However, police unions Wednesday presented Dunn with a list of concessions they are willing to make that will reduce their impact on the budget.

“I will be in the process of analyzing those concessions,” Dunn said. “They realized what’s happening with us, and they stepped up to the plate, so I really appreciate that.”

Contractual merit increases add up to $400,000, but Dunn said he will be asking employee groups to forego the increases.

The city is obligated by the Public Employees Retirement System to pay $1.2 million in the next fiscal year.

The rest of the shortfall is in operational expenses as well as legal expenses.

About $1 million of the $1.1 million in increased legal costs is for the San Bernardino County Flood Control’s lawsuit against the city.

To read entire story, click here.

By Howard Mintz
hmintz@mercurynews.com
Posted: 05/18/2012 05:41:38 AM PDT
Updated: 05/18/2012 05:42:00 AM PDT

California’s judges will now have to post all their financial disclosure information in cyberspace.

In a unanimous decision, the state’s Fair Political Practices Commission on Thursday approved a rule that requires California’s more than 1,700 judges to post their disclosure forms on the Internet, despite objections from judicial leaders that it could jeopardize their privacy and security.

The FPPC decided to impose the 2-year-old rule on judges that already had been applied to the rest of the state’s elected officials.

To read entire story, click here.

Posted: 05/14/2012 06:14:43 PM PDT

SBD Airport Services’ attempt to convince a federal judge to restore the company’s access to San Bernardinno International Airport’s fueling facilities has been postponed to June 18.

The company was previously scheduled to make its argumen tbefore Judge Deborah J. Saltzman on Monday at U.S. Bankruptcy Court in Riverside. The fuel issue is part of the company’s ongoing bankruptcy case.

SBD Airport Services declared bankruptcy in March, about one month after interim SBIA chief A.J. Wilson terminated the company’s fuel contract. Wilson moved against the company after the firm did not have enough fuel on hand to propvide the full amount of fuel requested by a 727 pilot.

To read entire story, click here.

L.A. NOW
Southern California — this just in
May 14, 2012 | 1:29 pm

State judicial leaders warned Monday that the proposed cuts for the California courts may jeopardize public access to the justice system.

During the last three years, the state’s huge court system has been cut by $650 million. The new proposed budget would shrink the system by another $544 million, freezing construction to replace dilapidated courthouses.

The new cuts come after Gov. Jerry Brown released a revised $91-billion budget in response to the state deficit that has ballooned to $16 billion, nearly twice what the governor projected when he released his initial budget proposal in January. In addition to the court cuts, Brown is proposing sharp cuts to health and welfare spending, and a 5% reduction in state payrolls.

California Chief Justice Tani G. Cantil-Sakauye called for an emergency meeting Monday of judicial leaders to determine how the courts should respond.

“The proposed cuts to the judicial branch are both devastating and disheartening,” Cantil-Sakauye said. “They will seriously compromise the public’s access to their courts and our ability to provide equal access to justice throughout the state.”

To read entire story, click here.

The Sacramento-based Criminal Justice Legal Foundation petitioned the 3rd District Court of Appeals today to remove from the November ballot a proposal to abolish the death penalty in California, arguing it violates the state’s “single-subject rule” for initiatives.

The foundation said abolishing the death penalty while also authorizing the distribution of $100 million to local law enforcement agencies to help solve murder and rape cases violates a requirement that ballot measures address only one subject.

“This kind of manipulation, forcing the people to vote on two different measures as an all-or-nothing choice, is exactly what the single-subject rule was put in the Constitution to prevent,” the foundation’s Kent Scheidegger said in a prepared statement.

To read entire story, click here.

Staff report
Posted: 05/12/2012 03:07:54 PM PDT

Attorneys for the bankrupt SBD Airport Services will go before a federal judge Monday to contend that interim San Bernardino International Airport chief A.J. Wilson acted improperly when he cut off the company’s access to jet fuel.

The hearing is scheduled to take place Monday afternoon at U.S. Bankruptcy Court in Riverside.

SBD Airport Services filed for Chapter 11 bankruptcy protection in March. The bankruptcy filing came one month after Wilson asserted the company violated its fuel contract and blocked the firm’s access to the airport’s fuel supplies and trucks.

Monday’s hearing is related to the bankruptcy hearings, as SBD Airport Services attorneys have argued the company needs access to the airport’s “fuel farm” in order to conduct business.

In a court filing, Wilson and the airport reply that SBIA officials had a right to terminate the airport’s fuel services agreement with SBD Airport Services because the company did not have the minimum amount of fuel in its tanks to live up to its side of the deal.

The fuel dispute stems from a February incident in which the pilot of a 727 jet was unable to purchase the full amount of requested fuel.

Wilson moved quickly to cancel SBD Airport Service’s fuel contract. Airport staffers have since handled fuel sales on their own.

To read entire story, click here.

Ryan Hagen, The (San Bernardino County) Sun
Posted: 05/10/2012 11:09:14 AM PDT

SAN BERNARDINO – The results of the election for city clerk will stand, a Superior Court judge ruled Thursday, rejecting a claim by 15 voters whose ballots weren’t counted because of signature mismatches.

The trial had the potential to change the outcome of the city clerk’s race, in which Georgeann “Gigi” Hanna – a former public relations official and journalist who took office March 5 – gathered six votes more than Amelia Sanchez-Lopez, who heads the county Alcohol and Drug Services Administration.

But Superior Court Judge Donna Gunnell Garza ruled that county Registrar of Voters Michael J. Scarpello acted properly when he discarded 64 ballots with signatures Scarpello and other elections officials decided didn’t match

“The parties were not denied the right to vote because the right to vote involves the right to be counted properly,” Garza said, noting that the Election Code says ballots with signatures that don’t match shall not be counted.

One vote, from a disabled man whose wife signed the ballot, should have been counted, Garza said, but that wouldn’t change the overall result.

Sandra Garcia, the lawyer representing the voters, argued Scarpello should have contacted them between the time he noticed the signature discrepancy and the Feb. 7 election date or between then and the Feb. 28 recount.

“The voters were denied – not once but twice – their opportunity to be heard,” Garcia said. “It’s not about the candidates. It’s not about the office. It’s about their fundamental right to vote.”

To read entire story, click here.

Ryan Hagen, Staff Writer
Posted: 05/09/2012 11:28:12 AM PDT

A trial will begin again Thursday that could change the outcome of the San Bernardino city clerk’s race by forcing the registrar of voters to count mail-in ballots that he initially discarded because he said signatures on them did not match those he had on file.

After a series of hearings determining that Registrar of Voters Michael J. Scarpello can be called to testify about why he made that decision but that other outside evidence would not be allowed, lawyers representing Scarpello, City Clerk Georgeann “Gigi” Hanna and 15 voters whose ballots won’t counted will begin arguments.

Hanna, a former journalist and public relations official, narrowly won the Feb. 7 run-off election against Amelia Sanchez-Lopez, who heads the county Alcohol and Drug Services Administration. Sanchez-Lopez called for a recount, which expanded Hanna’s lead to 6

To read entire story, click here.

Saturday, May 5, 2012 – 06:00 p.m.

You gotta love San Bernardino County politics.

The letter to the editor by San Bernardino attorneys Philip Kassel and Sanford Kassel, printed below, says it all.

The two stellar supporters of Former San Manuel Band of Mission Indians Chairman James Ramos, when slamming Third District Supervisor Neil Derry, neglected to mention their firm represented former County Administrative Officer Mark H. Uffer in his $15 million lawsuit against San Bernardino County for wrongful termination.

Recently, on a 4-1 vote, county supervisors, with the execption of Derry, voted to pay Sanford Kassel and his client a cool $650,000.

Maybe Ramos has promised to vote in favor of their clients regardless of merit.

Afterall, Ramos, in his few campaign appearances, says he wants to go-along, get-along with the other supervisors.

Here’s the lawyer’s well-reasoned letter:

Ramos right choice

In determining who should be elected in the 3rd Supervisory District race, the public has a clear and easy choice to make.

James Ramos, a candidate in this race, is a well-known San Bernardino businessman who serves on a large number of different boards and community organizations. He is a member of the San Bernardino Community College Board of Trustees, and also serves on the state Board of Education, a very prestigious position.

James Ramos is also instrumental in leading San Manuel families in many philanthropic endeavors that significantly benefit the County of San Bernardino. Never in the history of San Bernardino County has anyone been as generous as Mr. Ramos and the San Manuel families he represents in supporting projects for San Bernardino County and the state of California.

The San Manuel business operations employ more than 3,500 people, and are one of the county’s biggest employers. In addition, Mr. Ramos owns and operates personal business in San Bernardino. Mr Ramos is well qualified to serve on the Board of Supervisors. He has completed his college education and received an MBA degree from the University of Redlands.

Mr. Derry, the present supervisor, has no business background. The San Bernardino Superior Court has even agreed that he is not a businessman. In a recent newspaper article, Mr. Derry is quoted as saying, “My goal is to be honest and open on how I make money.” How he handled his money received as political donations

To read entire letter, click here.

A San Bernardino Superior Court judge on Friday rejected a motion to dismiss a case against a High Desert developer accused of lying to the Grand Jury about his role in a political action committee.

Judge J. David Mazurek denied the motion filed on behalf of John Dino DeFazio, 52, of Apple Valley, who stands charged with six felony counts of perjury. A pretrial hearing is now scheduled for June 22.

In his motion filed last month, DeFazio’s attorney, Richard Ewanisyk argued prosecutors are relying on uncorroborated witness information and therefore cannot charge his client with the crimes.

DeFazio, however, has been able to corroborate his assertion that he controlled all activities associated with the Inland Empire PAC. The PAC’s bylaws showed DeFazio as chairman and High Desert developers Mike Gallagher and Jeff Bentow as board members. Bentow and Gallagher, however, denied having any knowledge they were listed as members of the PAC, according to the motion.

State and local prosecutors allege former county Assessor Bill Postmus secretly controlled the PAC. Postmus, a Rancho Cucamonga developer and three former county officials have been linked to a sweeping county corruption probe in which prosecutors allege a land rights lawsuit settled in November 2006 for $102 million was tainted by bribery and blackmail.

To read entire story, click here.

Six candidates for state-level office in California have been arrested within the last two years. But do voters care?

By Patrick McGreevy, Los Angeles Times
May 5, 2012

SACRAMENTO — It isn’t enough these days for certain state lawmakers to defend their voting records when seeking reelection. Some also have to explain arrest records.

Within the last 20 months, five state legislators and one former state senator with active campaigns have been arrested on suspicion of crimes including drunk driving, perjury, voter fraud, shoplifting and trying to carry a loaded gun through airport security.

Not since the FBI sting known as Shrimpscam, which targeted influence peddling in the Capitol in the 1990s, have so many state lawmakers posed for booking photos in such a short span of time.

“The people responsible for passing our laws should feel themselves under a special obligation to comply with those laws,” said Tracy Westen, chief executive of the Center for Governmental Studies, a nonprofit group promoting open government. “Apparently, a number do not.”

The handcuffs have come as the Legislature has struggled to improve its reputation with a skeptical public. Those under a cloud include:

•State Sen. Roderick Wright (D-Inglewood), who faces eight felony counts, including voter fraud and perjury, for allegedly lying when he said he lived in his Senate district while running for his seat. He has pleaded not guilty. He has two opponents as he runs for reelection in June.

•Assemblyman Tim Donnelly (R-San Bernardino), who pleaded no contest last month to two misdemeanor charges for attempting to take a loaded pistol onto a commercial airliner at LA/Ontario International Airport. He faces two challengers, including the better-funded mayor of Big Bear Lake.

•Assemblyman Roger Hernandez (D-West Covina), charged Monday with drunk driving following a March 27 arrest while allegedly driving a state vehicle erratically. He has not yet entered a plea. Those running against him this year include a retired police officer.

•Assemblywoman Mary Hayashi (D-Hayward), who pleaded no contest in January to shoplifting clothes worth $2,500 from Neiman Marcus in San Francisco. Hayashi must leave the Assembly this year because of term limits but is raising money for a 2014 campaign for the state Senate.

•Assemblyman Martin Garrick (R-Carlsbad), who pleaded no contest in July 2011 to drunk driving. Garrick is termed out this year but is raising funds for a 2014 Senate bid.

•Former state Sen. Richard Alarcon, charged Thursday with 18 counts alleging that he lied about where he lived and voted fraudulently. Alarcon has pleaded not guilty. A member of the Los Angeles City Council, he is running for the state Assembly against four opponents, including another, better-financed Democrat.

Wright and Alarcon said they hope to be cleared before voters go to the polls in the November general election.

“There is nothing I can do about that,” Wright said of the charges against him. “All I can do is present my record of what I plan to do next year, and people will either accept that or reject that.”

Wright is running against teachers Paul Butterfield, a San Pedro Democrat, and Charlotte A. Svolos, a Torrance Republican. Butterfield said his interest in the contest was sparked by reports of the criminal charges. But neither opposing candidate has reported raising any money.

Meanwhile, Wright has kept his powerful post as chairman of the Senate Governmental Organization Committee and raised $555,000 for his reelection in the past three years.

Hernandez also has the bigger war chest and name as he competes against two others, including retired police officer Joe Gardner, a Republican from Hacienda Heights.

“I think people should expect more from their legislators,” Gardner said. The other contender, Azusa broker/tax preparer Mike Meza, lists no party affiliation.

Hernandez has apologized for his actions, which he called “poor judgment.”

He has held onto his position as assistant majority whip, and Hayashi remains chairwoman of the Assembly’s Business Committee.

To read entire story, click here.

Sandra Emerson, Staff Writer
Created: 05/03/2012 08:54:13 AM PDT

Anthony Orlando Sanchez pleaded guilty Thursday in federal court in Riverside, admitting to conspiracy to commit bribery.

Sanchez, 36, was charged with acting as a conduit between an Upland business and former Mayor John Pomierski. Pomierski pleaded guilty last week in the bribery case.

Two other counts against Sanchez will be dropped when he is sentenced Aug. 13 in federal court.

Sanchez has been in custody since January, after he returned from a year abroad. He fled to Honduras in January 2011. A warrant was issued for his arrest in March 2011.

Sanchez will be released upon payment of a $150,000 bond, $100,000 of which is required to be secured by deeding property to the court.

“When he’s released, he will be on home detention with electronic monitoring and then that will basically wrap the case up for everyone now until sentencing,” Assistant U.S. Attorney Jerry Behnke said.

To read entire story, click here.

State Senator Bob Dutton

Liset Márquez, Staff Writer
Created: 05/03/2012 06:01:14 PM PDT

ONTARIO – A local senator may soon revive a bill aimed at helping this city gain autonomous control of the struggling LA/Ontario International Airport.

Sen. Bob Dutton, R-Rancho Cucamonga, created Senate Bill 446 in early 2011 in an effort to move discussions along between officials from Ontario and Los Angeles World Airports, which operates ONT under a 44-year joint-powers agreement.

The bill creates an Ontario International Airport Authority that is comprised of four directors from the city of Ontario and three directors from San Bernardino County.

Dutton tabled the bill in 2011 after negotiations between Ontario and Los Angeles officials had improved.

A Los Angeles City Council subcommittee in March agreed to analyze Ontario’s proposal to regain control of ONT.

“If the report is not favorable, then Dutton will revisit the bill,” Dutton’s spokesman Larry Venus said.

The subcommittee also agreed to produce a mid-report by the middle of May and a complete report in 90 days from when it was approved.

“He is not going to move the bill forward until after the report is released and dependent on what direction it goes, then (the) bill will move forward,” Venus said.

The bill has been approved by the Senate but has not reached the Assembly.

Using an urgency clause, the earliest the bill could come back for discussion would be in late June.

It would need two-thirds approval to pass, Venus said.

If the bill doesn’t move forward in a first try, Venus said they would have until late August.

“As long as discussion continues and there is a resolution between the parties, then Dutton would not move forward,” Venus reiterated.

San Bernardino County Supervisor Gary Ovitt – whose district includes Ontario – has been closely following the development of Dutton’s bill.

Last year, Ovitt testified before a Senate committee in support of Dutton’s bill. The supervisor said he would do so again if needed.

“Sen. Bob Dutton’s legislation has been great in terms of bringing statewide attention and focus onto this issue,” Ovitt said.

To read entire story, click here.

May 3, 2012 | 4:30 pm

Moving swiftly after a judge dismissed its case, the district attorney’s office refiled 24 perjury and voter-fraud charges late Thursday afternoon against Councilman Richard Alarcon and his wife, Flora Montes De Oca Alarcon.

The new charges make the same allegations as a case thrown out by Superior Court Judge Kathleen Kennedy on Thursday morning, accusing the Alarcons of lying about living in a house in Panorama City so that the councilman could run for his 7th District office.

It was not immediately clear when the Alarcons would be arraigned.

Dist. Atty. Steve Cooley’s action came just hours after Kennedy’s ruling. The judge threw out a July 2010 indictment of the couple on 24 felony charges after finding the prosecution failed to properly instruct grand jurors of their duty to consider exonerating defense evidence.

Cooley disputed her legal reasoning, saying the judge ignored legal precedents when she dismissed the grand jury indictment.

“The grand jury transcripts clearly show that our prosecutors did indeed present evidence submitted by the councilman and his wife,” Cooley said. “The grand jury chose not to consider it, as is their right.”

There was no immediate comment from Alarcon.

Thursday’s charges mirror the earlier indictment against Richard Alarcon, including two felony counts of filing false candidacy papers in 2006 and 2008, seven counts of voter fraud and nine counts of perjury. Montes de Oca Alarcon is again charged with three counts of perjury and three counts of voter fraud.

To read entire story, click here.

Document: Read the amended complaint (.pdf file)

An attorney who filed a lawsuit seeking reimbursement for taxpayers of the $102 million settlement made by the San Bernardino County Board of Supervisors in 2006 with Rancho Cucamonga-based developer Colonies Partners LP has made slight amendments to his complaint.

Cory Briggs said he added some language to the complaint, which he filed in February in San Bernardino County Court, in order to fill in information that attorneys for the Colonies said was needed.

“We added some allegations to fill in some alleged gaps and even though we don’t think we needed to do that we did it just in an abundance of caution,” he said.

The suit alleges that because former Board of Supervisors Chairman Bill Postmus pleaded guilty in March to taking bribes while attempting to reach the settlement with the Colonies, he violated California Government Code Section 1090.

Code 1090 said public officials “shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members.”

To read entire story, click here.

Former San Manuel Band of Mission Indians Chairman James Ramos

Joe Nelson, Staff Writer
Posted: 04/30/2012 05:26:19 PM PDT

View: Complaint

A complaint has been filed against San Bernardino County supervisor candidate and former San Manuel tribal chairman James Ramos, alleging that he failed to report his income and real property interests on state campaign disclosure forms.

The complaint, dated April 3 and received by the state Fair Political Practices Commission on April 12, alleges that Ramos failed to report on his form 700 Statement of Economic Interest a house he owns in Big Bear Lake and shares of stock in Pfizer Inc., a pharmaceutical company, and General Electric Co.

Ramos is also alleged to have failed to report his income as former chairman of the San Manuel Band of Mission Indians while serving on the San Bernardino Community College District’s board of trustees. In addition, he is alleged to have not reported any income from his monthly tribal stipend, any ownership interest in the tribe’s affiliated holdings and any income or losses from his businesses, Yum Yum Restaurant and Pepito’s Restaurant, both in San Bernardino.

The FPPC typically decides within 14 days of receiving a complaint if it will investigate. As of Monday, a decision had not yet been made, said Tara Stock, legislative coordinator for the FPPC.

Ramos’ attorney Diane Fishburn said Monday that she has submitted a response to the complaint and that the FPPC should reach its decision by the end of the week.

Ramos has served on the college district’s board of trustees since 2005. He was appointed by Gov. Arnold Schwarzenegger in 2008 to the state Native American Heritage Commission, and also serves on the state Board of Education.

He said he has always abided by the letter of the law when filing his 700 forms.

“We have been totally compliant with the law. I’m confident we did everything correctly,” Ramos said, adding that his attorney vets the forms before they are filed to ensure full disclosure. “This is just another way for my opponent to throw something out there to see if anything sticks.”

Ramos is vying for the county’s 3rd District supervisorial seat held since 2008 by Neil Derry, who says Ramos is subject to the same reporting requirements as everyone else.

“The 700 form is a very clear document, and it states very clearly what needs to be reported,” Derry. said. “I think the public deserves to know where politicians derive their income.”

To read entire story, click here.

View: Initiative

The newly proposed three-strikes initiative to scale back California’s tough sentencing law has gotten opposing reactions from two local district attorneys.

Supporters, who submitted more than enough signatures to qualify for the November ballot, bagged the endorsement of the measure by Los Angeles County District Attorney Steve Cooley.

However, San Bernardino County District Attorney Mike Ramos is not one of those supporters.

“I don’t think this is necessary,” Ramos said. “All of the district attorneys that I know, we use our discretion. We don’t file three strikes on every person. We take a look at every record.”

Supporters of the initiative point out that about 26 states have three-strikes laws, but California is the only one that allows prosecutors to charge any felony as a third strike, which carries a sentence of 25-years-to-life.

The proposed measure would reserve the toughest penalty – 25 years to life – for the baddest of the bad. It would allow only certain hard-core criminals, including murderers, rapists and child molesters, to be put away for life for any felony offense, including shoplifting, while restricting the third strike to a serious or violent felony for everyone else.

Under the existing law, offenders who have committed such relatively minor third strikes as stealing a pair of socks, attempting to break into a soup kitchen to get something to eat and forging a check for $146 at Nordstrom have been sentenced to life in prison.

The initiative is modeled on Cooley’s attempt in 2006 to modify the law and his long-standing policy to rarely seek a third strike unless the offense is a violent or serious crime.

“The Three Strikes Reform Act is right for California,” Cooley said in a written statement.

“It will ensure that the punishment fits the crime. Dangerous recidivist criminals will remain behind bars for life, and our overflowing prisons will not be clogged with inmates who pose no risk to public safety.”

Ramos says the three-strikes provision, which increases punishment significantly with the third conviction of a crimes, is working.

“With all due respect to my friend Steve Cooley, I don’t think we need to touch three-strikes,” he said.

“First, the FBI statistics in the last couple of years for serious and violent felonies have been reduced by putting the worst of the worst in state prisons.

“Secondly, when three-strikes came out in 1994, we had hundreds of three-strikes cases. These were career criminals who are now in state prisons. Fast forward to now, three-strikes cases have gone down because career criminals are no longer committing crimes.

To read entire story, click here.

Dan Walters

By Dan Walters
dwalters@sacbee.com
Published: Monday, Apr. 30, 2012 – 12:00 am | Page 3A

A professional-quality video clip that popped up on YouTube depicts physical deficiencies in California courtrooms and makes the case for building new courthouses and rehabbing old ones.

The video, containing scene after scene of overcrowded courtrooms, mouse traps and water damage, was produced for the Judicial Council, the San Francisco-based policymaking body for California’s court system.

It’s ammunition in the latest skirmish between the council, headed by Chief Justice Tani Cantil-Sakauye, and the rebellious Alliance of California Judges over how to deal with cutbacks in state court financing.

The ACJ has accused the Judicial Council and the Administrative Office of the Courts of wasting money on a bloated bureaucracy, an unworkable centralized computer system and a multibillion-dollar courthouse construction program while local courts have been forced into periodic shutdowns and employee furloughs.

The Alliance won one skirmish recently when the Judicial Council canceled the computer program.

The rebels also won Assembly passage of a bill, bitterly opposed by Cantil-Sakauye and her allies, that would give local courts more authority over allocation of funds.

And now the battle is shifting to the construction program, which critics say is too grandiose and is gobbling up money that should be diverted into support for court operations.

In 2008, the Legislature, at the behest of Cantil-Sakauye’s predecessor, Ron George, authorized up to $5 billion in bonds to finance courthouse construction, to be repaid through increases in fines, fees and assessments on court system users.

To read entire column, click here.

Sunday, April 29. 2012 – 01:00 p.m.

As a service to many of our readers. Here is today’s legal definition courtesy of Cornell University Law School.

Intentional Tort defined: A type of tort that can only result from an intentional act of the defendant. Depending on the exact tort alleged, either general or specific intent will need to be proven. Common intentional torts are battery, assault, false imprisonment, trespass to land, trespass to chattels, and intentional infliction of emotional distress.

Definition from Nolo’s Plain-English Law Dictionary:

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, are intentional torts (as well as crimes).

Sunday, April 29, 2012 – 09:30 a.m.

Here’s some interesting factoids from across the financial and political transom:

First Quarter GDP Revised Lower

First quarter Gross Domestic Product (GDP) was revised lower last week to 2.2%. The revised number was mainly supported by strong auto sales. A component that may not be sustainable looking ahead.

Why? Consumer spending has been outpacing non-existent wage growth.

Neither California Tax Initiative Garnering Necessary Early Support

Two tax initiatives proposed by California Governor Jerry Brown and Millionaire Attorney Molly Munger don’t appear to be gong over well with voters.

In a recent statewide poll Brown’s plan, which raises $6-9 billion in new revenue for the general fund, barely garners more than 50%. Munger’s idea, of raising taxes to directly fund education, polls even worse.

As a rule of thumb, propositions need to be polling north of 55% heading into an election period. So both measures still have time until early October absentee ballots hit voters.

But it doesn’t look good for either.

Miller Hitting Mailboxes Hard in CD-31

Congressman Gary Miller (R-Diamond Bar) is hitting mailboxes hard in the newly redrawn 31st Congressional District. Miller is working to introduce himself to voters in areas he hasn’t traditionally represented.

Miller’s campaign war-chest of more than $1 million is creating a definite advantage for him over Bob Dutton (R-Rancho Cucamonga).

Upland Corruption Case Closing With A Thud

Former Upland Mayor John “J.P.” Pomierski’s guilty plea to a federal bribery charge was met with a sort of anti-climax this week. He will likely be sentenced to somewhere between 18 to 28 months in federal prison in August. The final defendant in the case, Anthony Orlando Sanchez, is expected to plead guilty this week.

Is the ARMC Investigation Up Next?

More than a year ago federal agents swooped down on San Bernardino County-owned and Operated Arrowhead Regional Medical Center (ARMC) with search warrants in hand.

Boxes of evidence was seized.

The focus was reportedly the improper administering of free services to various officials and V.I.P.’s.

It’s been all quiet on the investigation front. But it was rumored months ago that no action would be taken on the ARMC matter until the Upland corruption case had concluded.

Super PAC’s Weigh In For Mitzelfelt, Miller

So far congressional candidates Brad Mitzelfelt (R-Wrightwood) and Gary Miller (R-Diamond Bar) have been the only two candidates to garner welcome independent expenditure support for their campaigns by way of Super PAC’s.

Miller, who is running in CD-31, received a boost from National Realtors Congressional Fund, while Mitzelfelt, who is running in CD-8, received a smaller, but welcome, boost from the Jobs and Opportunity Freedom PAC.

State Assemblyman Paul Cook, who is also running in CD-8, can’t be too pleased about this development.

Sandra Emerson, Staff Writer
Created: 04/28/2012 07:19:08 PM PDT

UPLAND – Former Upland Mayor John Pomierski’s admission to accepting a $5,000 bribe from an Upland business does not worry city officials from a legal standpoint.

Pomierski pleaded guilty Thursday in U.S. District Court in Riverside to accepting a bribe from the owners of Chronic Cantina restaurant as part of a plea agreement.

Mayor Ray Musser and City Manager Stephen Dunn both said they don’t expect Pomierski’s plea to affect the city’s stance in lawsuits against the city.

The restaurant owners and the property owners both have sued the city, accusing Pomierski of extorting money from them in return for obtaining a new conditional use permit.

The City Council revoked the restaurant’s conditional use permit in April 2009.

The permit was revoked after reports were made to the council from the Police Department citing an increase in crime at the restaurant.

The restaurant owners claim the calls for police service originated elsewhere in the city.

Following the revocation, the restaurant owners took the city to court, but lost.

Dunn said the city has been defending itself against both lawsuits.

“We feel that JP’s guilty plea is not going to have any impact as far as the city is concerned because it was simply an issue with their conditional use permit and we already beat them in the court on the issues of that,” Dunn said. “Any action that the former mayor had done had nothing to do with that. We’ve consistently beat them.”

Chronic Cantina, a limited liability company, filed a claim for damages and complaint at City Hall and West Valley Superior Court in Rancho Cucamonga in April 2011, accusing Pomierski and former Building Appeals Board member John Hennes of extorting money from the business in order to allow it to stay open.

Pomierski admitted to accepting the bribe in exchange for helping the owners obtain a new conditional use permit.

Katrina Foley, attorney representing Chronic Cantina owners Keith Scheinberg and Dan Biello, said the case is currently at a standstill due to Pomierski’s recently filing for bankruptcy as well as the federal case.

“Certainly an admission of guilt will have an impact both in our civil case in establishing our burden of proof as well as an impact, I would assume, on the bankruptcy proceedings,” Foley said. “Arguably he’s filing for bankruptcy to avoid having to pay his debt for all the damages caused from the bribery scheme.”

The suit claims that because Pomierski was an agent of the city, the city is implicated as well.

“That business was shut down because of the wrongful acts of the agents of the city,” Foley said. “Somebody’s got to be held accountable for that.”

To read entire story, click here.

SAN BERNARDINO – Scratch another $300,000 from the school district budget.

Following its earlier ruling that former Personnel Director Abe Flory was wrongfully terminated and should be given more than $550,000 in back pay and interest, the Personnel Commission decided Wednesday that the San Bernardino City Unified School District must pay Flory’s legal costs – more than $250,000 in attorney fees and nearly $13,000 in court reporter fees.

The independent panel, which is tasked with ensuring the district follows the merit system, also extended his back pay from February – when a hearing officer recommended giving him back his roughly $120,000-per-year job more than four years after he was fired and calculated how much he’d accrued during that time – to his first day on the job.

Flory is expected to start May 1.

But district officials, who have long disagreed with the commission over the extent of its powers, were at a conference Thursday and Friday and did not say whether they would challenge the decision.

Flory said he looked forward to starting soon and pushing for a stronger merit system.

“This is a victory for me, but also for classified workers and the merit system,” said Flory, who was fired after 29 alleged acts that district officials described as insubordination, dishonesty and unwillingness to perform his job but Flory characterized as whistle-blowing.

The district had resisted paying Flory’s attorney fees, which covered a team of four lawyers earning up to $425 an hour. By contrast, the district’s lawyers charged $185 an hour, but billed more than three times as many hours, for a total charge just under $400,000.

A lot of good money was wasted on the case, said commission Chairman Gino Barabani.

To read entire story, click here.

Cook

Friday, April 27, 2012 – 09:00 a.m.

As expected, two measures proposed by Assemblyman Paul Cook (R-Yucca Valley) related to pension forfeiture and disqualification from office have stalled in an Assembly committee.

AB 1653, the pension forfeiture bill, has been retained in the Assembly Public Employees, Retirement and Social Security Committee on a 4-2 vote.

AB 1654, is set to be considered by the same committee on May 2.

The measures are designed to prevent non-elected public officials convicted of certain public offenses from receiving pension benefits, holding office or public employment.

Cook says allegations in the criminal case involving a $102 million settlement between San Bernardino County and Colonies Partners L.P. was the motivating factor behind the legislation.

Even though the case is being adjudicated and no convictions have resulted.

Similar legislation previously proposed by Cook met the same fate last year.

Cook is running in the hotly contested 8th Congressional District.

By Joe Nelson
Posted: 04/26/2012 05:53:53 PM PDT

A jury on Thursday ruled in favor of the city of Colton and against its former police chief, Ken Rulon, in a wrongful termination lawsuit Rulon brought against the city in 2007.

Rulon alleged in the lawsuit that he was fired in April 2007 for reporting to the District Attorney’s Office allegations of corruption against city officials.

The 9-woman, three-man jury began deliberating Tuesday after the 20-day trial.

“The evidence, we felt, was weak,” said juror Jacque Smith, 50, of Redlands. “We didn’t see the city retaliating against him (Rulon).” Rulon’s attorney, Dan Stormer, said he will appeal, and that the process can take up to 18 months.

“I’m disappointed,” Stormer said following the reading of the verdict. “I think the fraudulent mudslinging took its toll. It does not speak well to the city of Colton.

Attorney John Higginbotham, who defended the city and its former city manager, Daryl Parrish, in the lawsuit, was not surprised by the verdict.

“This is the outcome we’ve always expected,” Higginbotham said outside the courtroom. “The whole police department revolted against this guy, and not just police officers, but dispatchers, clerks and his own secretary too.”

Among the allegations Rulon reported to the District Attorney’s Office included former Councilman Ramon Hernandez’s abuse of his city-issued credit card. Hernandez racked up thousands of dollars in charges for unauthorized motel stays with his gay lover and calls to telephone sex lines between December 2004 and May 2006.

The allegations led to the District Attorney’s Office charging Hernandez with 24 felony counts. Hernandez pleaded guilty to the charges and was sentenced in April 2008 to 180 days in jail, which he was allowed to serve on the weekends.

Rulon and the city disputed the timeliness in which the allegations were reported to the District Attorney’s Office. Rulon’s attorney, Dan Stormer, said Rulon reported the situation after he met with Hernandez on June 27, 2006 to discuss the credit card and cell phone charges. Rulon also provided information to prosecutors on questionable conduct by other council members.

Stormer said the city and Parrish went to great lengths to cover its tracks and was aware of Hernandez’s credit card abuse for more than a year before Rulon took action and reported it to the proper authorities.

In June 2005, Deirdre Bennett, then Colton’s Mayor, said she was informed by the city’s finance department about $1,500 in charges to motel rooms on Hernandez’s city-issued credit card. She testified that she first refused to sign the invoice after it was made clear the city was going to cover Hernandez’s unpaid credit card debt, but ultimately relented when she was told it could affect the city’s credit rating if she didn’t.

To read entire story, click here.

Pomierski

Thursday, April 26, 2012 – 11:45 a.m.

Former Upland Mayor John “J.P.” Pomierski entered into a plea agreement before Federal Judge Virginia Philips in U.S. District Court in Riverside on Thursday morning.

The plea agreement stems from charges related to influence peddling.

Under federal sentencing guidelines, the agreement will obligate Pomierski to likely serve 27 to 33 months in-custody.

To read the agreement click here: Pomierski Plea Agreement

Thursday, April 26, 2012 – 09:45 a.m.

Here’s some interesting news on the transom this week.

Retirement savings plans under attack.

Yes, it’s finally happening. The feds are discussing the taxation of various retirement savings accounts to generate revenue. As their coffers dwindle, expect federal, state and local government to squeeze taxpayers.

Unemployment claims rising again

388,000 Americans filed for unemployment benefits last week. Not a good number for an economy that’s supposedly improving. Should claims break 400,000 it would definitely be an omen of bad things to come.

Romney steam rolling to nomination

Former Massachusetts Governor Mitt Romney swept 5 primaries Tuesday night on his way to the republican nomination. Texas Governor Rick Perry has already endorsed Romney. Former Speaker Newt Gingrich and Former Pennsylvania Senator Rick Santorum are expected to follow. Romney’s early taking of the field doesn’t bode well for President Barack Obama, who was counting on and extended GOP primary fight to consume Romney’s funding.

Morris for San Bernardino Mayor?

The other Morris that is!

Yes, sources are saying that, Jim Morris, the chief of staff to, and son of San Bernardino Mayor Pat Morris, is pondering a run to replace his father.

Taxpayer lawsuit over Colonies settlement hits the skids

The taxpayer lawsuit filed against the San Bernardino County Flood Control District by Upland Attorney Corey Briggs hit the skids this week after Colonies Partners, L.P. filed a motion to throw the case out of court. Briggs amended his complaint to keep the case on life support until Colonies attorney Stephen Larson files a new demurrer in San Bernardino County Superior Court.

Aleman making a comeback?

Former Assistant Assessor and Bill Postmus operative, Adam Aleman, may be trying to re-enter politics. Aleman is rumored to be working on the Paul Cook congressional campaign and assisting anti-drug crusader and former Assembly hopeful Paul Chabot.

Draft report done; findings expected out in June
April 25, 2012 11:37 AM
Brooke Edwards Staggs, City Editor

VICTORVILLE • Three years after the Daily Press first reported that the San Bernardino County Grand Jury was investigating the city of Victorville, sources confirm a draft report of the citizen group’s findings is complete and will likely be released within the next two months.

City Manager Doug Robertson said he was recently given an opportunity to review the draft report. He was then asked to sign a confidentiality form on April 16, prohibiting him from discussing any of the report’s contents.

“I believe they will be issuing a report on June 30,” Robertson said via email, citing the date the grand jury’s annual report is typically released, “however, that determination is up to them.”

Melonee Vartanian, assistant to the grand jury, said by phone Wednesday she couldn’t comment on whether there will be a report on Victorville at all, or whether it might come as a special interim report before the June 30 deadline.

“I’m happy that there is a report and I am hopeful that the grand jury makes it public,” Mayor Ryan McEachron said, anxious to put the lengthy investigation to rest.

The City Council was not given a chance to review the draft, the mayor said, with that decision at the discretion of the investigative group.

“I have no idea what’s in that report. I really don’t think that anyone on the Council has any clue,” McEachron said, brushing aside what he called “rumors and innuendo” that are swirling around City Hall about the gravity of the findings.

Faulty financial reporting, handshake deals, questionable campaign contributions and generous contracts were among the issues raised during the investigation, generating concern over whether Victorville’s ongoing financial woes are the result of something more nefarious than the city’s decision to gamble on risky projects that fell apart amid a sour economy.

“Are there things that have gone in Victorville that shouldn’t have gone on?” McEachron said, posing the question he hopes the grand jury report will settle once and for all. “If they found something, they need to put it out there and make it public and do what is required of them by law. Then the city will do what it has to do to comply with those issues.”

RICHARD K. De ATLEY, STAFF WRITER
rdeatley@pe.com

Published: 25 April 2012 05:56 PM

President Obama has nominated Jesus Bernal, who heads the Inland-area public defender’s office in Riverside, as a judge for the vacant federal court bench in Riverside, Sen. Barbara Boxer’s office announced Wednesday.

Bernal served since July 2006 as the directing attorney for the Federal Public Defender’s Office in Riverside, overseeing a staff that handles cases for indigent defendants in Riverside and San Bernardino counties.

A cum laude graduate of Yale University who earned his law degree from Stanford, Bernal was admitted to the state bar in 1990.

If he is confirmed by the senate, he will become the only Latino district court judge serving the eastern division of the sprawling U.S. District Court’s Central District of California, Boxer’s office said.

To read entire story, click here.