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3/20/14 – As previously reported, City Manager Andrew Takata resigned on January 14, 2014, pending an agreement with the City for his remaining pay. Takata has since been on leave, but continues to receive his full salary of over $ 20,000 per month – plus benefits.

Recent developments appear to give grounds for speculation that Takata’s departure may no longer be uncontested nor amicable : three recent consecutive closed session agendas (view) have called for a discussion of “Public Employee Discipline/Dismissal : Position of City Manager”, so far without any reportable action being taken. The same item appears – now for the fourth time – on the upcoming closed session agenda for March 25, 2014 (view).

This begs the question : is the City Council getting ready to terminate Andrew Takata for “cause’ ?

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TERMINATION FOR “CAUSE” ?

If the answer to the above question is “yes”, this would mean that the City Council could deny Takata almost $ 280,000 in  “severance pay’, that otherwise would have been due under the outlandish provisions of Takata’s employment contract.

In 2010, Takata’s obscene contract was negotiated and approved by previous 2010 Council members Debbie Franklin, Don Robinson, Barbara Hanna, Bob Botts and the late John Machisic.

 

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The Banning Informer has long criticized Takata for his dismal record as Banning’s City manager (see articles here and here) and has called for his removal. In plain sight and for everyone to see, this useless parasite has already collected roughly one million dollars during his 4 years in Banning, while systematically running the City into the ground (see story). Should he now receive yet another $ ¼ million in “severance” ?

After these articles were published in late 2013, two additional incidents of potential malfeasance have since come to light. Either one of those incidents, taken by itself, may be sufficient to terminate Takata for “cause”.

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TAKATA’S  UNAUTHORIZED LETTER TO “PASEO SAN GORGONIO” DEVELOPER PEARLMAN

About 6 weeks ago, Council member Don Peterson alerted the public of the fact that the Riverside County Probation Department would not only quadruple in size, but locate in Banning’s finest retail development, “Village at Paseo San Gorgonio” (see story). So far, the City of Banning has subsidized the development, located on the former San Gorgonio Inn property, with $ 4,000,000 in taxpayer funds.

When its developer, Art Pearlman, appeared before the Council to give a project update on February 11, 2014, he was questioned by Council member Ed Miller.  Miller – clearly unhappy with the proposed Probation Department lease – wanted to know what authorized Pearlman to switch from a contractually agreed upon hotel development to an office building.

Here is the exchange  :

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Art Pearlman released a bombshell. He stated that he received a letter from City Manager Takata authorizing him to make the change from hotel to office building.

At the time Pearlman made this statement ( Feb. 11) , neither the City Council, nor the public had any idea that Andrew Takata had indeed issued a letter that had the potential –  all by itself  – to forever change the entire future of Banning’s downtown.

It turned out, Pearlman was telling the truth. The letter Takata sent him is dated November 25, 2013  and can be found here. It was followed up by an – equally unauthorized –  letter of approval by Community Development Director Zai Abu Bakar. City attorney Dave Aleshire is said to not have been aware of either one of these letters. Neither was anyone on the Council, from what we understand.

Ultimately, Takata’s unauthorized actions were so upsetting to Council member Jerry Westholder that he decided to let the public know how he felt about the dilemma created by Andrew Takata (see Westholder’s letter to Banning’s citizens of 2/22).

There can be little doubt that Andy Takata vastly overstepped his authority when he gave Pearlman the green light. The contract (see relevant portion) clearly called for a hotel to be built. Any changes to this contract had to be approved by the Council, yet Takata did not bother to do so.

We need to keep in mind that this issue was discovered AFTER Takata had formally resigned. Hopefully it will cause the Council to reconsider Takata’s legacy by terminating him for “cause” – without paying him severance.

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TAKATA SOLICITS EMPLOYMENT WITH TEMPLE CITY

After Andrew Takata resigned as City manager in Banning on January 14, 2014, he remained on Banning’s payroll, costing the taxpayer approximately $ 1,000 each and every day.

The Banning Informer has learned that Andrew Takata apparently negotiated a detailed “Employment Agreement” with Temple City, CA. Under the agreement Takata was to be paid $ 91.35 per hour and was set to start his job on March 1, 2014, (view contract).

The agreement was published as an attachment to the February 18 Temple City Council agenda.

However, someone in Temple City must have gotten smart about Takata. Without explanation, the Takata contract was pulled from the agenda by Temple City’s Mayor ( see minutes – item 9D – pg.4). Did Temple City officials read about Takata in the Banning Informer ?

Was Andrew Takata entitled to solicit employment with Temple City while he was still employed by Banning, making $ 1,000 per day ? This depends on whether or not Takata negotiated his contract during normal business hours, during which he normally would have been working in Banning.

It is hard to conceive that Takata’s Temple City employment was proposed without an interview. Furthermore, the highly detailed, 8 page document suggests that it is a result of extensive negotiations between Takata and Temple City. How could Takata have negotiated this document outside of normal business hours ?

If the document was negotiated during normal business hours, Takata could have violated his employment agreement with Banning and be subject to immediate termination for “cause”.

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CONCLUSION

The above goes to show that the City Council is dealing with a “real piece of work” in former City manager Andrew Takata. “Discipline/Dismissal” – as announced on the agenda 4 times in a row – seems like the right choice for the Council. Hopefully they won’t pay this appalling parasite even one more dime !

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1/23/14 –  As reported last week,  Banning City Manager Andrew Takata has resigned from his position. But today, only a week after his resignation, new, very serious questions are emerging about Takata’s  background.

The City of Banning had responded to a Public Record request from December 2013, which asked for the contract and resume of Andrew Takata. Prior to Takata’s resignation the Banning Informer began to conduct a thorough verification of Takata’s resume – with rather shocking  results.

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CAL STATE FULLERTON :  NO RECORD OF “BACHELOR’S DEGREE” FOR ANDREW TAKATA

To take a position as City manager, a minimum of a Bachelor’s Degree is required. At the time of his hiring by the City of Banning in 2010,  Takata submitted a resume which can be found here.

His resume indicates that he obtained a “B A“  in “Business Administration” from California State University Fullerton in 1977.  We attempted to verify Andrew Takata’s degree with the University, which is done online exclusively through studentclearinghouse.org, a non-profit organization.

A few days later, we received an email response stating that “the school was unable to locate either a degree or enrollment record for the subject of your verification request.” (view)

While this response is rather shocking, it does not provide enough confirmation to draw a solid conclusion. Therefore, on January 21, 2014, this author drove to Fullerton to double check with the University’s Administration office. The University office checked their database in our presence and could not find any record of an Andrew Takata ever being enrolled, let alone having a degree.

To cover all the bases, they also checked for “Andrew J. Takata” , “Andy Takata”, “Andy J. Takata” and even hand searched the list of every graduate of 1977. Finally, they just ran the last name “Takata” and there was only one person by that last name. That person has a different first name and is currently enrolled.

Subsequently, the University Administration office reiterated that no Andrew Takata  has ever enrolled or graduated from the University at any time.

 

TEACHING CREDENTIALS FOR ANDREW TAKATA

In his resume, Andrew Takata claims to have “Teaching Credentials” and  states that he worked as a “High School Math and Science Teacher” at Los Altos High School during 1979 – 81.

The “California Commission on Teacher Credentialing”  which regulates teaching credentials, does not have a record of an Andrew Takata having teaching credentials in the State of California. To search their database, follow this link , then click “search” in the upper left corner.

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TAKATA RESPONDS 

After gathering the facts, The Banning Informer gave Andrew Takata an opportunity to comment.

Takata responded : “I have provided the City copies of the information I currently have in my possession which includes my CSU Fullerton Diploma and one of my teaching credentials. The other can be obtained and/or verified through the Hacienda-La Puente Unified School District.”

However, the image of the CSU Fullerton Diploma produced by Takata appears to be  made of stone. It is nothing more than a commemorative and/or anecdotal replica of a possible original. Cal State Fullerton does not issue stone certificates. Consequently this form of a certificate would be of little, if any, evidentiary value in a Court of Law.

Stone certificates are exclusively manufactured by commercial vendors. They can be ordered online for $ 89.95 – all one needs to do is provide an “image” of a certificate,  the authenticity of which remains unverified. For example, see this vendor here : http://www.laserengravedmemories.com/en/engraved-wood-diploma.html

Takata also provided a Community College “Instructor Credentials”  image of a stone-like certificate (view). However, this certificate bears a date of 1982, and does not authorize him to teach High School, which the resume says he did in 1979-1981.

In this context it is interesting to note, that nowhere in his response does Takata state, that the images of the stone certificates represent true and correct copies of the original certificates he was allegedly awarded.

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“SEVERANCE PAY”

The issue of Takata having a “Bachelor’s degree” is particularly important in regards to the “severance package” that is provided for in his contract (view). Takata currently stands to collect somewhere in the $ 280,000 range in severance (14 months salary), according to the contract.

Should it turn out that his “Bachelor’s Degree” does not exist, as Cal State Fullerton has now stated repeatedly, Takata would not be entitled to his severance, and may even be liable for damages he has caused the City. In this case Takata could also be subject to criminal prosecution. It is therefore of utmost importance that the City council get to the bottom of this, before they write Takata a check.

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RESPONSIBLE FOR HIRING TAKATA : MAYOR DEBBIE FRANKLIN

Mayor Debbie Franklin is the only remaining Council member that is responsible for hiring Andrew Takata. Franklin apparently did not do her due diligence , for two reasons :

First, prior to today, there were no copies or images of Takata’s degrees or certificates on file with the City, which means nobody asked to see them, prior to hiring Takata.

Second, it appears that neither Franklin – nor the rest of the previous council (Robinson, Botts, Hanna, Machisic) – bothered to verify Takata’s  degree with Cal State Fullerton.

Had Debbie Franklin done her job, we would most certainly not experience this present predicament.

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CONCLUSION

We will leave it up to you, the reader, to decide whether you want to give credence to  Takata’s grotesque “Flintstone” certificates, or trust the repeated verifications by Cal State Fullerton, stating that Takata was never enrolled there.

Both scenarios cannot possibly be correct. Takata is either an honorable professional with a verifiable degree, or he is a con-artist that has defrauded the City and needs to go to jail.

We are entitled to know the truth. Banning needs to conduct a thorough investigation .

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1/16/14 – As of  Tuesday, January 14, City manager Andrew Takata has tendered his resignation.

Finance Director June Overholt will be acting as temporary City manager. There can be little doubt that on a personal level, many people liked Andrew Takata:  he was very personable, had a great sense of humor and was friendly to everyone.

But Takata was also highly controversial due to his unaccountable management style, lack of oversight and for being a reliable ally of Banning’s good-ole-boys.

Has Andrew Takata served the citizens of Banning well ? Or can the case made that during his 4 year term as City manager, Takata gave one of the worst performances of any City manager in recent memory ? Lets take a look at his record ….

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LEGACY OF FAILURE :  THE LONG LAUNDRY LIST OF ANDREW TAKATA’S PERFORMANCE AS BANNING’S CITY MANAGER

The following is a (partial) list of Andrew Takata’s performance as City manager.  It includes neglect, lack of oversight, financial unaccountability, lack of leadership and even serving good-ole-boy-style special interests.

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TAKATA LEGACY #1 : SEVERE PHYSICAL NEGLECT OF THE CITY OF BANNING

About 3 months ago, we published an article (view) about the deplorable lack of upkeep within the City of Banning. With the City of Banning presenting itself in this manner, it could not be more clear that Andrew Takata did not take pride in the City he was running.

This fact alone should have led to his resignation, as nothing like this ever occurred under any other City manager in the past. The pictures in the article speak for themselves.

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TAKATA LEGACY # 2 : SERVING SPECIAL INTERESTS – HAVEN COFFEE

During 2010/11, throughout the course of over one year, Andrew Takata allowed the Haven Coffee house to operate without permits, without a business license and without fire or safety inspection. Needless to say, no legitimate business would ever be allowed to operate this way.

But the business owners were tied to former Mayor Barbara Hanna, as well as her political allies, former Council members Bob Botts and Don Robinson.

Since no business license was issued, the business was not paying City taxes at the time. Of course this was all fine with City manager Andrew Takata, who had no problem looking the other way. Instead of serving the public as he was sworn to do, Takata chose to serve special interests. See details  here, here and here .

(Note : The current owners of the Haven have no affiliation and are completely unrelated to the issues raised here – they are running a very respectable business)

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TAKATA LEGACY # 3 : SERVING SPECIAL INTERESTS – THE “BANNING WHITE HOUSE”

For almost the entire year of 2011, a private residence pretentiously calling itself the “Banning White House”, engaged in full blown commercial activity within a residential area. The operators rented out the residence regularly for events like weddings, conferences etc., often with several 100s of guests attending .

Despite having been made aware of code violations early on, Takata waited almost an entire year before he finally took action. Reason : former Mayor Barbara Hanna was friends with the operators of the “Banning White House” and used her office to provide immunity for them.

Instead of looking out for the citizens of Banning, Takata did his very best to serve and protect Hanna’s friends for as long as he could.  View story here  and here

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TAKATA LEGACY # 4 : UNACCOUNTABILITY –  IGNORING GRAND JURY RECOMMENDATIONS

In March of 2010, the Riverside County Grand Jury conducted an investigation of the City’s Redevelopment Agency. The Grand Jury found severe fiscal abuses in regards to funding the Banning Cultural Alliance (see report).

The Grand Jury recommended that the City ask for the return of $ 162,000 that were given the the Cultural Alliance for services they never performed. In addition they recommended a “cease and desist” of the City doing any more business with the Alliance.

Right from the start, Andrew Takata recommended to the Council that they should ignore these recommendations. In particular, Takata made sure that the return of the $ 162,000 was not being enforced and that the Cultural Alliance was even paid several hundred thousand dollars in additional City funding.

Of course he did so on behalf of a City Council majority, made up of Barbara Hanna, Bob Botts and Don Robinson. Bob Botts was the original founder of the Alliance, while his and Robinson’s wife were board members.

Again, this episode goes to show that Takata could not have cared less to serve the people of Banning, but used his position to aid and abet Banning’s good-ole-boys. Needless to say, taxpayers were left holding the bag, to the tune of $ 1.3 Million in total. See article here  and here

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TAKATA LEGACY # 5 : UNACCOUNTABILITY – NOT COLLECTING RENT ON CITY OWNED PROPERTY FOR 2 1/2 YEARS

Andrew Takata allowed the same good-ole-boy organization to remain in a City owned building that they had rented. For 2 ½ years, Takata made sure that the collection of rent was not being enforced.

Only after a new City Council was elected in 2012, was Takata finally forced to take action and evict the organization. Needless to say, the taxpayer was left holding the bag here as well. See story here  and here.

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TAKATA LEGACY # 6 : LACK OF OVERSIGHT – MRAP VEHICLE ACQUIRED IMPROPERLY

In late 2013, the story of the MRAP armored military vehicle made lots of headlines. Not only was it acquired without the knowledge of the Council, but Takata himself said he had no idea about it. This goes to show that Takata failed to oversee the responsible department head, former Police Chief Leonard Purvis.

The improper acquisition of the vehicle subsequently led to a severe accident, costing the City over $ 40,000 in property damage alone. Much larger personal injury claims may still follow, as victims have one year to make such claims. See story here

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TAKATA LEGACY # 7 : INCOMPETENCE – LEAVING POLICE CHIEF IN OFFICE DESPITE  SEVERE MENTAL ISSUES

About 6 months ago, Takata showed very poor judgment, bordering on incompetence, when he left Police Chief Purvis in command for several weeks, after Purvis had claimed to be suffering from “severe anxiety” and  “stress”.

Takata should have immediately removed Purvis, as he posted a severe risk of liability for the City as of the day of his claim. See story here .

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TAKATA LEGACY # 8 :  UNACCOUNTABILITY – CITY EMPLOYEE TAKE-HOME-CARS

During the entire time he served as City manager, Andrew Takata failed to oversee the use of 16 take-home-cars assigned to City employees. Most of the cars were operated in clear violation of existing City Policy : required log books were not kept ;  not a single written permission, required to take the cars home, was on file.

Under Andrew Takata, the take-home-car situation in Banning has gone completely out of control. See article here.

 

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TAKATA LEGACY # 9 : MISMANAGEMENT  – TAXPAYERS LOSE $ 1.2 M DUE TO OVERPAYMENT OF OIL SPILL BILL

Probably the worst example of Takata’s mismanagement is his overpayment of the $ 1.8 million oil spill cleanup bill. In

2011, an oil spill of about 300 gallons occurred in Banning, emanating from a private property on Ramsey Street. See story here

Consultants hired by the City took issue with over $ 1.2 million of the $ 1.8 million bill, pointing out that the contractor was overcharging and that the bill should not be paid until further notice (see report).

Nevertheless, Takata went before the City Council and falsely stated that the consultants had validated the bill in its entirety. He stated that the bill must be paid. Watch 4 minute youtube video of Takata’s public address here

Subsequently, the City Council voted to pay the over inflated bill, without ever being provided with the consultant report by Takata. Andrew Takata even went so far as to suppress the release of the report to the City Attorney, who learned of it after the fact, when he saw it published in the Banning Informer.

As a direct result of Andrew Takata’s actions, the Citizens of Banning lost $ 1.2 million.

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CONCLUSION

Even Takata supporters like Council members Art Welch and Debbie Franklin will have a hard time defending Andrew Tatata’s dismal record as City manager. But it should come as no surprise, that none of them has ever questioned any of Takata’s actions. After all, accountability and transparency is not something these two Council members are known to encourage.

Nevertheless, everyone knows that any free ride eventually must come to an end : the time has come for Welch and Franklin to kiss their beloved, unaccountable ally goodbye.

For the rest of the Council, and for the hard working citizens of Banning, Andrew Takata’s departure will come as a breath of fresh air – it couldn’t be more clear that he never served them in the first place.

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12/30/13 – As widely reported earlier this year, Police Chief Leonard Purvis had accused Council member Don Peterson

of misconduct, citing Peterson’s actions as the sole cause of him suffering from “severe anxiety” and “stress”. Purvis demanded $ 250,000 from the City in compensation (view claim).

Attorneys for Banning’s insurance carrier, ERMA (Employer Risk Management Authority – website ) have reviewed Purvis’ allegations.  In an email of  December 30, 2013, ERMA lead attorney Melanie M. Poturica issued a memorandum stating that there have been ” no findings of wrongdoing” against Don Peterson  in connection with the claim by Ex-Police Chief Leonard Purvis (view memorandum).

Peterson says Purvis’ accusations were “completely fabricated and false”. He had maintained all along that Purvis had falsely accused him of misconduct because he “asked too many questions”.

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.PURVIS CASHES IN, THEN IMMEDIATELY LANDS JOB WITH SHERIFF

 

After initially making a $ 250,000 claim against the City of Banning for “severe anxiety” and “stress”, Banning’s controversial Ex-Police Chief Leonard Purvis has since withdrawn his claim in exchange for receiving $ 300,000 to leave his position in Banning, (view settlement agreement).

However, the ink was barely dry on his settlement agreement, when Purvis’ previously cited medical condition seemed to have disappeared without a trace: within just one month of leaving Banning, Purvis was able to land a job with the Riverside County Sheriff’s Department, at the rank of Sergeant.

As a matter of policy, in order to limit liability exposure, the Sheriff Department will not hire mentally unstable personnel. Purvis, however, was hired regardless of his prior claim of suffering from mental problems – and in record time.

Furthermore it is noteworthy, that as Police Chief of Banning, Leonard Purvis gave contracts worth 10s of thousands of dollars to private investigator Wayne Walker. Walkers wife is Undersheriff Colleen Walker. Could it be that these contracts aided Purvis in being hired by the Sheriff Department ?

The re-hiring of Leonard Purvis raises serious questions about the truthfulness and therewith the honesty and integrity of Leonard Purvis, as well as the hiring practices and accountability of Sheriff Stan Sniff. The Sheriff stated that he was unable to provide information due to this being a personnel matter.

How could Purvis have a (past?) mental condition, yet still pass the Sheriff’s background check in record time? Purvis already being sworn in at his new job on December 11, seems to suggest that no adverse conditions (mental or otherwise) were found to exist, that would have precluded him from being hired.

What does this tell us about the truthfulness of Purvis’ claim against the City of Banning ? Did receiving a settlement amount of $ 300,000 instantly and permanently cure Leonard Purvis of all mental suffering ?  Did Purvis lie to the Sheriff about not having a mental condition, or did he lie to Banning about having one ? No matter which way you slice it, you cannot have it both ways.

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 $ 300,000 SETTLEMENT

As outlined in the settlement agreement between Leonard Purvis and the City of Banning (view), Purvis was paid a total of $ 300,000. $166,000 of this amount was paid by the City of Banning, with the remaining $ 134,000 paid by Banning’s insurance carrier,  ERMA.

The City Council had no control over the portion of the settlement that related to the “stress” and “anxiety” claim  by Purvis. Banning’s insurance carrier, ERMA is solely responsible for this portion of the settlement, as it constitutes a liability issue.

In light of the lack of wrongdoing by Council member Peterson, did ERMA overpay the claim ? – probably so. On the other hand, there is always what is commonly referred to as a “nuisance value”, even for the most bogus claims. After all, it is very expensive to defend against any claim, even if it proves to be completely unfounded. In light of this reality, ERMA’s attorneys felt that $ 134,000 was an appropriate amount for settlement. The City Council was not involved in this decision.

The Banning City Council did, however, decide to give Purvis the remaining $ 166,000, as evidenced by the Settlement Agreement. This amount is made up of accrued vacation time as well as a contractually agreed upon “severance pay” for each year Purvis was employed in Banning (7 years). The generous terms of his employment agreement (view) were courtesy of the notoriously unaccountable, freely spending 2007 City Council (Brenda Salas, Bob Botts, Barbara Hanna, Debbie Franklin), a council with a well documented history of having little regard for the taxpayer (view).

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OTHER OPTIONS CONSIDERED

The only way of avoiding paying Purvis $ 166,000 would have been to terminate him for “cause”. Such cause, for example, could have resulted from Purvis’ insubordination. Early on, Council member Peterson had submitted a long catalog of questions to Purvis.

Now that a settlement agreement has been reached, Peterson’s questions to Purvis are being made public for the first time. Please click here to see what Peterson wanted to know.Peterson says that Purvis never answered any of these questions. Did those questions challenge Purvis’  competence ?

Another cause for his termination could have resulted from the inappropriate way Purvis acquired the infamous Military MRAP vehicle, in particular from him recklessly jeopardizing public safety when he ordered 2 officers to pick up the vehicle, while neither was trained or licensed to drive it, resulting in a severe accident (story).

As evidenced by the settlement agreement, the Council decided not to pursue these issues. They paid Purvis what he was owed under his contract – rather than fighting an expensive legal battle that could have easily cost more just in legal fees alone –  while providing no guarantee for victory. Given the labor laws in the State of California, this was probably a wise decision from a financial point of view.

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CONCLUSION

The newly released attorney memorandum indicates that Don Peterson never engaged in any wrongdoing in regards to former Chief Purvis. None of his allegations were proven to be true. Don Peterson has now officially been cleared of any wrongdoing.

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11/11/13 – Six candidates have applied to be considered for appointment to the Banning City Council. The Council had decided to make use of the appointment process in order to fill a vacancy created by Bob Botts’ recent abrupt resignation. The good news is that apparently none of the 6 candidates have ever held public office. This means that no matter who gets appointed, there will not be yet another ‘recycled’ politician appointed to the Council.

The Banning City Council will interview all 6 candidates and make the appointment in public session on November 19, 2013, at 1:30 PM.  Here are the candidates and their applications and resumes in the order they applied :

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JERRY WESTHOLDER

Westholder is the lead pastor at Highland Springs Fellowship and a Police Chaplain formerly for the LAPD and currently for the Beaumont Police Department. Westholder has lived in Banning for over 13 years.

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Westholder holds a Diploma in Pastoral Ministries and various Police training certificates. His resume and application can be found by clicking here.

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LYNDON TAYLOR

For readers of the Banning Informer, Lyndon Taylor needs no introduction. Taylor, a Sun Lakes resident, has not only contributed several articles to this website, but also is widely known for his successful fight against Banning’s proposed sludge plant (2009), alongside with Council member Ed Miller.

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Taylor ran for Council in 2010, but lost to Bob Botts and Debbie Franklin. Now retired,  he holds a Bachelor’s Degree in Environmental Biology with a minor in Chemistry, a Master’s Degree in Biochemistry and a PhD in Planning and Management. Click here for Lyndon Taylor’s application and resume.

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GEORGE MOYER

George Moyer is a Sun Lakes resident who has lived in Banning for 10 years. He is widely known as a Board member and President of Sun Lakes Country Club Homeowners Association.

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Moyer holds a Bachelor of Science degree from the University of Redlands. Before he retired, he worked many years as an estimator and sales manager for various companies in the construction industry. George Moyers’s resume and application can be found by clicking here.

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MARY HAMLIN

Mary Hamlin has lived in Banning for 6 years and is a resident of Sun Lakes. Hamlin holds an M.A. in Organizational Management, a B.B.A. in Marketing and an A.S. in General Studies. In 2012 she founded the “Pass Job Connection” , an organization aimed at assisting local residents in seeking employment. Particularly, Hamlin’s organization teaches how to write effective resumes and how to conduct oneself during a job interview.

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Hamlin’s resume shows that she has an extensive employment history with Los Angeles County  and also worked as a substitute teacher in the Banning Unified School District since 2008. Mary Hamlin’s resume and application can be found here.

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SONIA BARANDIARAN

Sonia Barandiaran has lived in Banning for the past 6 years. Barandiaran holds a Bachelor of Fine Arts – Music Performance. In the past, she has worked as a banquet manager as well as a housekeeper and nanny.

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For almost 2 years, she volunteered as a  cook for Carol’s Kitchen , preparing about 200 meals each time. Sonia Barandiaran’s resume and application can be found here.

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DIEGO ROSE

Diego Rose is a Banning business owner and former nurse who worked at the San Gorgonio Memorial Hospital.

Rose is widely know for his criticism of San Gorgonio Memorial Hospital management, which ultimately lead him to file a formal complaint with the Riverside County Grand Jury. The Grand Jury largely agreed with Rose and subsequently issued a  rather devastating report on the San Gorgonio Hospital, faulting the hospital for unaccountability and failures (see previous story and Grand Jury Report). Diego Rose’ application can be found here.

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 CONCLUSION

There seems to be a wide variety of applicants to chose from, several of them with rather impressive resumes.

The good news is, that professional politician Bob Botts will not be replaced by yet another one of his kind, but rather by someone who has never held public office in the past.

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City announces Appointment Process to fill vacant Council Seat

10/23/13 – With a vacancy on the City council created by the resignation of Bob Botts, the City of Banning today announced the procedural details for an appointment to the Council. Any registered voter within the City of Banning will be eligible to apply for appointment to the vacant Council seat.

The application form to apply for an appointment to the Council can be downloaded by clicking here. The completed application must be returned to the City Clerk no later than November 7 @ 5PM.  Interviews with each applicant will be conducted in public session soon thereafter.

 

Today’s Press Release reads as follows :

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BANNING CITY COUNCIL IS ACCEPTING APPLICATIONS

On Tuesday, October 15, 2013, a special meeting of the Banning City Council was called to order by Mayor Franklin to discuss the selection method of filling a recently vacated City Council seat.

The City’s existing Ordinance states “If a vacancy occurs in a City Council seat, the City Council may, within thirty days from the commencement of the vacancy, fill the vacancy by appointment or call for a special election.” Riverside County has indicated that a special election would cost roughly $40,000.

On Tuesday, October 22, 2013, the Banning City Council adopted Ordinance No. 1473, repealing and replacing Section 2.04.040 of the Banning Municipal Code relating to City Council vacancies in order to conform to California Government Code Section 35612. The newly adopted Ordinance eliminates the thirty day window and allows the City sixty days to fill the vacancy. If the vacancy is not filled within sixty days then a special election would take place.

The City is currently accepting applications for the vacated City Council seat. Applications are available at Banning City Hall located at 99 E. Ramsey Street in Banning, the Banning Chamber of Commerce located at 60 E. Ramsey Street, and they are also available on the City of Banning website at www.ci.banning.ca.us.

Applications are due to the Banning City Clerk on or before Thursday, November 7, 2013, at 5:00pm. Applications received after the deadline will not be accepted. Applicants will be subject to background checks by the Banning Police Department and the United States Department of Justice. The background check includes fingerprinting. Applicants must also be a United States registered voter.

Please contact the City Clerk’s Office at 951.922.3102 or the City’s Public Information Officer at 951.922.3181 if you have any questions. 

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Deadbeat School Board Candidate owes Banning Taxpayers over $ 80k

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10/4/13 – Should you run for public office if you personally owed the taxpayer tens of thousands of dollars ? With the School Board elections approaching, one School Board candidate apparently seems to think so : incumbent candidate James C. “Jim” Smith is asking for your vote, while at the same time he owes the City of Banning over $ 80,000. In addition, several other creditors are standing in line to get paid as well .

A few month ago, Smith was appointed to the BUSD School Board due to a vacancy and is now running for election. The voters will have to decide if Jim Smith is the right candidate  to guide a financially fragile school District into prosperity.

Unfortunately, Jim Smith’s record is anything but impressive.

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CITY OF BANNING’S JUDGMENT AGAINST JIM SMITH

The City of Banning holds a judgment against Jim Smith in the amount of $ 80,747.80. (amount as of July 2013 – see City Manager email and Abstract of Judgment ).

The judgment is the result of a lawsuit that Smith brought against the City a few years ago, which claimed that former Council member Barbara Hanna acted inappropriately when she denied Smith the opportunity to present a business proposal to the City, accusing him of extortion.

Smith lost the case and was ordered to pay the City’s attorney’s fees, resulting in the above judgment.

But for over 2 years now, Banning City manager Takata has made no collection efforts against Jim Smith, even though public record shows that Smith continues to earn a verifiable income. The lack of collection, however, should come as no surprise, as the cordial tone of Takata’s email to Smith (view) suggests a rather cozy relationship between the two.

Takata is a member of the Banning Chamber of Commerce, and so is Jim Smith, who once even acted as its president. During election times, when City Council candidates participate in a televised public forum, it is Jim Smith who asks the candidates questions.

Other good-old-boys linked to Jim Smith are Council member Bob Botts, as well as former Mayor Don Robinson and City Council member Art Welch, the latter both being Banning Chamber executives.

Smith serves as living proof that members of  Banning’s good-old boys network are well protected  – every step of the way.

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JUDGMENT AGAINST JIM SMITH AUTOMOTIVE ENTERPRISES

Jim Smith is a former used car dealer who operated a corporation by the name of “Jim Smith Automotive Enterprises, Inc.”, once located on Ramsey Street in  Banning. The corporation has since been suspended by the California Secretary of State.

According to public records, “Jim Smith Automotive  Enterprises, Inc.” has an outstanding judgment entered against it in the amount of $ 74,434.37. This judgment also extends to Jim Smith personally (see Abstract of Judgment)

Since this judgment was entered into in May of 2010, it should have accumulated to well over $ 90,000 by now.

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IRS TAX LIEN

Public record shows that the IRS is also looking to get paid by Jim Smith. In November of 2011, they filed a “Federal Tax Lien” in the amount of $ 15,989,18 against him (view document).

Almost 2 years have passed since the filing, which means that with accrued interest and penalties, the amount owed by Smith to the IRS should be approaching $ 20,000 by now.

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STATE OF CALIFORNIA TAX LIEN

Public record shows that as of April 9, 2009, the California Franchise Tax Board also has filed a lien against Jim Smith for back taxes in the amount of $ 3,050.39 (view document).  Today, over 4 years later, the unpaid amount should be approaching $ 5,000.

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SMITH ACCUSED OF TAKING $ 15,000 FROM CAROL’S KITCHEN

Until a couple of years ago, Jim Smith was a Board member of  Carol’s Kitchen, a 501,c,3 charitable organization. A few weeks ago, after learning that Jim Smith used Carol’s Kitchen as a reference, the organization issued a public statement printed in the Record Gazette (view). The statement accused Smith – a car dealer – of promising to purchase a van for the organization and receiving $ 15,000 for this purpose. The organization says Smith took the money, but they never received their van.

Carol’s Kitchen’s Statement is supported by their 2011 tax return, which shows a loan to Jim Smith for a vehicle purchase, with an outstanding amount of then $ 12,150 (view pg.8).

Jim Smith disputes Carol’s Kitchen’s account, saying he repaid $ 3,000 and now owes nothing (view his full response). Controversial Banning Police Chief Leonard Purvis has claimed that he had a “conflict of interest” investigating any allegations made by Carol’s Kitchen, because of its executives direct support for Purvis’ BPAL organization (Banning Police Activities League).

In this context is is also interesting to note that Jim Smith’s son, Brandon Smith, is an officer with the Banning Police Department. Not surprisingly, no charges were ever filed against Smith, nor anyone allegedly involved in the 2011 Carol’s Kitchen scandal (see details).

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SALARY FROM “TABLE OF PLENTY” CHARITY

Another local charity with focus on feeding the hungry is “Table of Plenty”. Once again, Jim Smith received money from the organization, this time in form of a salary as “Community Relations Director”. Smith has stated that the organization pays him anywhere between $ 1,000 and $10,000 per year (see filing).

The bottom line : if you want to feed the hungry in the Pass Area, chances are your money may end up in the pockets of deadbeat James C. Smith, one way or another.

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PRESS ENTERPRISE LEAVES READERS IN THE DARK

If you believe that the Press Enterprise has done a good job reporting on Jim Smith’ background, you are sadly mistaken.

Back in June of this year, PE reporter Gail Wesson wrote about Smith’s appointment to the School Board, portraying him as a non-controversial “retired auto dealer manager”.

Apparently Wesson did not bother checking into Smith’ background : her article makes no mention of the monetary judgments and liens against Smith, the allegations of Carol’s Kitchen nor that Smith owes over $ 80K to the Banning taxpayers. (view PE article).  PE readers were left completely in the dark about Jim Smith. Can you think of a more dismal performance by a major newspaper ?

It is only because of the lack of due diligence by media outlets like the Press Enterprise, that a complete deadbeat candidate like Jim Smith can feel confident of having a reasonable chance of getting elected to public office.

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CONCLUSION

With almost $ 200,000 in judgments and liens piling up against candidate Smith, voters should use extreme CAUTION:  You are ENTERING THE DEADBEAT ZONE ! Vote accordingly.

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Federal Agents raid offices of Banning Airport Developer

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 4/30/13 – The offices of Highland Fairview in Moreno Valley were searched today by Federal Agents. The search is said to be part of an ongoing political corruption investigation focusing on Moreno Valley and also involved the searches of the homes of all 5 Moreno Valley City Council members. As of today, no charges have been filed.

In 2009, Iddo Benzeevi and Highland Fairview received a warning letter from the California Fair Political Practices Commission (view) for failing to file a campaign statement and disclosing political campaign contributions . Benzeevi, an Israeli citizen, is known to be a major contributor to several Moreno Valley City Council members.

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EXCLUSIVE NEGOTIATIONS ON BANNING AIRPORT

Highland Fairview, represented by its president Iddo Benzeevi, currently is in exclusive negotiations with the City of Banning to develop the Banning airport property into an industrial logistics center. The company was the developer of the highly controversial  Moreno Valley “Sketchers” warehouse located along I-60.

 Last year, an “Exclusive Negotiations Agreement” (ENA) was entered into by the previous City Council and Benzeevi/Highland Fairview. Only a few weeks ago, the agreement was upheld by the new Council.

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CONCLUSION

.With the previous City Council ( in particular Barbara Hanna, Don Robinson and Bob Botts),  the City of Banning had a stigma of political corruption. New City Council members Don Peterson and Ed Miller have made it a point to end the previous trend. The question must now be asked : Is negotiating with Iddo Benzeevi the right choice for the City Of Banning ?.

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 Watch PE video report on FBI raid :

Link to PE article on raid : http://www.pe.com/local-news/riverside-county/moreno-valley/moreno-valley-headlines-index/20130430-moreno-valley-warrants-served-in-political-corruption-probe.ece

Link to Los Angeles Times article : http://www.latimes.com/news/local/la-me-moreno-valley-20130501,0,3380283.story

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Council member proposes to extend public comment time

 

3/23/13 – In an unprecedented move to ensure the right of the public to comment, newly elected Council member Ed Miller is proposing to extend the public comment time from 3 to 5 minutes .

Miller’s proposal, which will be on the agenda in the near future, focuses on the comment period for “items not on the agenda”. Comments under this section usually refer to issues that the public wants to bring to the City Council’s attention. Whether it is public policy, policing, health and safety issues or just announcements of community events, the array of subjects addressed under this category is endless.

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3 MINUTES NOT ENOUGH FOR MOST SPEAKERS

In most cases, speakers run out of time – after just 3 minutes their microphone times out into silence.  At this point, the speaker is at the mercy of the Mayor to turn the mike back on. History has shown that if there is too much – or repeated – criticism of the Council , the microphone will remain turned off. On the other hand, if the Mayor likes what he or she hears, the speaker may enjoy unlimited speaking time.

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MILLER REMEMBERS BEING CUT OFF HIMSELF

“It is very difficult, if not impossible, to make a point in just 3 minutes” says newly elected Council member Ed Miller. He remembers that when he led the fight against the Liberty Energy toxic sludge plant, proposed by the previous City Council during 2008/09, he was always out of time before he knew it.

Miller believes that it was largely because of his persistent criticism of the previous Council’s political agenda, that he never saw his microphone turned back on.

For example, in the following 2009 video, then-citizen Ed Miller can be seen speaking against the sludge plant (skip to the 3:28 min mark). Note how then-Mayor Bob Botts uses his gavel to shut Miller up :

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QUITE A TURNAROUND

The proposal by Ed Miller signifies a significant turnaround in the way the new Banning City Council wants to do business. Less than 6 months ago, the old Council discussed restricting public speech with speaker cards (view story) . Amid public outcry, the Council was forced to drop the proposal.

Wherever you look, elected officials usually discourage public speech – the prevailing attitude being that “elected officials know best”. The City of Beaumont, for example, mandates you fill out a card before you can speak. So does the Banning Unified School District as well as its Beaumont counterpart. The latter even went as far as to reduce the amount of time for public comment.  Ed Miller must be commended for trying to get away from this trend !

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CONCLUSION

With the new City Council many things are changing for the better in Banning. As a true grass roots Councilman, Ed Miller knows first hand what it feels like to get cut off. He says everyone deserves more time to speak. We could not agree more.

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City finally evicts Cultural Alliance for non-payment of rent

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2/25/13 – City manager Andy Takata on February 13, 2013 asked the Banning Cultural Alliance to pay rent or receive an eviction notice for non-payment of rent on the City owned art gallery located on 130 N. San Gorgonio Avenue. In response, the Cultural Alliance is said to have opted to vacate the property within 30 days.

Under the lease agreement (view) the Cultural Alliance was obligated to pay rent since September of 2010 but – protected by the previous City Council (Barbara Hanna, Don Robinson and Bob Botts) – got away with never paying a single dime – until today. The City manager’s actions are the first shreds of hard evidence that the tides are finally turning in Banning and accountability is being restored.

The story of the City owned art gallery, also known under the pretentious name of “Banning Center for the Arts”, is a story of blatant fiscal abuse and the usual good-old boy cronyism that used to be common practice with the former Banning City Council. For more on the incestuous relationship between the former City Council and the Cultural Alliance please read this article.

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CULTURAL ALLIANCE  2 ½  YEARS BEHIND IN RENT = $ 52,762 OWED TO CITY

Can ordinary citizens lease a building and never pay rent for 2 ½ years ? Not a chance – but the Banning Cultural Alliance was able pull it off : using their close ties to the three corrupt City Council members mentioned above, they were able to stay in the building without paying rent – until now.

Under their lease agreement (view) the Banning Cultural Alliance now owes the taxpayer back rent  of $ 50,250 + 5 % late charges = $ 52,762.

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RATHER THAN PAY RENT, CULTURAL ALLIANCE POCKETS INCOME FROM SUBLEASED APARTMENTS

The art gallery building features two residential units upstairs that were subleased during most of the lease term.

According to the Cultural Alliance’ own filings, they received rental income from these apartments as follows : $ 11,010 in 2009,  $ 5,760 in 2010 and $ 9,425 in 2011. ( see IRS form 990 filings : 2009 (pg. 1) , 2010 (schedule “O”) and 2011 (pg. 9).

The total amount of rent received by the Cultural Alliance was a whopping $ 26,195.

This amount does not include rental income for 2012 – the apartments are said to have been leased until July 2012. So there you have it : while failing to pay even one dime in rent, the Cultural Alliance kept more that $ 26,000 in income from the city owned building.

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ONCE AGAIN THE TAXPAYER GETS THE SHAFT

Back rent owed by the Banning Cultural Alliance for the art gallery has now accrued to over $ 52,000.

So what happened, was the Alliance financially incapable to pay rent ? Were they strapped for cash ? Since 2006, the Banning City Council has given the Cultural Alliance over $1.3 million in public funds, which they supposedly spent on pathetic events like the “Art Hop” (see article) and “Phineas festival”.

In 2010, the Riverside Grand Jury issued a report (view) in which they concluded that the Alliance had overcharged the City to the tune of $ 162,000. They recommended that the City asked for the money back, but the majority of the previous City Council ( Hanna Robinson, Botts, Machisic) rejected the recommendation. Believe it or not, only one Council member –  Debbie Franklin – showed support for the Grand Jury’s findings !

There is no way the Alliance was financially strapped: not only did they receive $ 1.3 million in public funds, they also pocketed the rental income from the subtenants in a total amount exceeding $ 26,000, an amount which could have paid for more than half of the rent due.

Furthermore, public record clearly shows that the Cultural Alliance could easily afford the rent : at the end of 2011 they reported net assets exceeding $ 435,000.00 ( IRS form 990 2011- pg.1). All this serves as a clear indication that the Cultural Alliance was solvent – it appears they just decided not to pay the rent because they could.

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CONCLUSION

With Barbara Hanna and Don Robinson no longer on the Council, the cartel that once enabled many fiscal abuses in Banning has now been unhinged.

New council members Ed Miller and Don Peterson – as well as Debbie Franklin – have no ties to this rotten organization, which has yet to produce anything of value for the money they have received.

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