May 2009 Archives

State Attorney General Edmund G. Brown today filed eight lawsuits against 17 telemarketers and a dozen charities, including the Ontario-based California Organization of Police and Sheriffs, alleging they squandered millions of dollars in donations.

The lawsuits are intended to permanently stop the charities' "deceptive practices and require the repayment of all funds raised under false pretenses," according to a news release by Brown's office.

It is part of a nationwide sweep called "Operation False Charity" which also involves the Federal Trade Commission and 48 other states.

Lawsuits were filed in San Bernardino, Los Angeles, Orange and San Mateo counties naming as defendants Brown's "12 worst offenders," including the California Organization of Police and Sheriffs, the news release said.

John Ramirez, Southern California counsel for the California Organization of Police and Sheriffs, couldn't immediately be reached for comment.

Brown sued the organization, its directors, officers and its for-profit fund-raisers - Civic Development Group, LLC. and Rambret, Inc. - for falsely representing that donations would be used to benefit law enforcement officers and that 100 percent of each donation would be received by the charity, according to the news release.

Donors were told that their contributions would be used to purchase bulletproof vests and for grants for families of officers killed or injured in the line of duty. They were also told their donations would provide veterinary treatment for service animals injured in the line of duty and for mentoring at-risk youths.

The suit alleges that the charity, its officers and for-profit fundraisers: conspired to defraud donors, engaged in deceptive and misleading solicitation, engaged in unfair business practices, used false or misleading statements when soliciting for contributions, failed to use contributions for the purpose solicited, violated federal regulations regarding deceptive and abusive telemarketing practices, knowingly filed false public documents, and committed registration and reporting violations.

Brown is seeking to dissolve the charity.

joe.nelson@inlandnewspapers.com

The San Manuel Band of Mission Indians donated two fire engines to the San Bernardino Fire Department today during a special ceremony outside the Tribal Community Center on the San Manuel Indian Reservation.

It was in observance of a $2.2 million fire services agreement the tribe reached with the city of San Bernardino, which also includes funding for a mechanic and dispatcher for the city fire department.

"There is no way to put a price tag on cooperation," San Bernardino Mayor Pat Mayor Morris during today's ceremony. "What we have together with the tribe far exceeds the price of these two ladder trucks.

The two trucks sat parked outside the Tribal Community Center, their 100-foot ladders extending upward and holding an enormous American flag that fluttered in the gentle breeze.

San Manuel has entered into intergovernmental agreements with the cities of San Bernardino and Highland in an effort to boost efficiency and response times.

"I am very fortunate as the city fire chief to enjoy a great relationship with the men and women of the San Manuel Fire Department and Chief Mike Smith," said San Bernardino Fire Chief Michael Conrad. "We work very closely together as cooperating agencies; respond into each other's jurisdictions to provide assistance and our crews train together on a regular basis."

 San Manuel Tribal Chairman James Ramos expressed the tribe's commitment to continue working with Morris and the city of San Bernardino.
 
"We are steadfast in our commitment as we endeavor to create the kind of partnerships with local government that contribute to a safe and secure community for all our citizens," Ramos said. "We know we have a ways to go, but San Manuel is going to be here for a long time and we will continue to reach out to our neighbors in a partnership of mutually-respect."
 
The mutual aid agreement will be in effect through 2017.

joe.nelson@inlandnewspapers.com

 Fishing enthusiasts with a taste for catfish can now find plenty of them at San Bernardino County's fish fishing lakes.

Cucamonga Guasti in Ontario, Glen Helen in Devore, Yucaipa Regional, Prado Regional in Chino and Mojave Narrows Regional have stocked a collective 750 pounds of catfish, now ready for plucking.

Lakes will be restocked every Thursday until the second week of September. The season runs Saturday through Sept. 10.

More than 23,000 people fished the lakes last year. The best strategy for catching catfish, besides choosing the right bait, is casting the line in water between two to five feet deep along the long, slow-tapering points of the lakes. Any wind stirring up the plankton that attracts baitfish and heightens the odor of the bait will draw the fish to the hook, according to a news release by the San Bernardino County Regional Parks department.

Hours of operation vary from park to park, and some may close on Thursdays during restocking.

For more information, call the following numbers:

Cucamonga Guati in Ontario: (909) 481-4205

Prado Regional Park in Chino: (909) 597-4260

Glen Helen Regional Park in Devore: (909) 887-7540

Yucaipa Regional Park: (909) 790-3127

Mojave Narrows: (760) 245-2226

Vehicle entry fee at each park is $7 on weekdays and $10 on weekends and holidays. There is an additional $7 fishing fee, and a state fishing license is required and may be purchased at each park.

joe.nelson@inlandnewspapers.com

The San Bernardino County Regional Parks Department is now offering an online reservation system for camping.

Go to www.sbcountyparks.com for information on each of the county's camping facilities. The Web site features diagrams of each campsite location and information on making online reservations.

Reservations for various picnic facilities, the San Moritz Lodge and Conference Center in Lake Gregory and the multipurpose room at Prado Regional Park in Chino require telephone reservations. Information is available on the Web site.

For more information, go to www.county-parks.com or call (909) 38-PARKS.

joe.nelson@inlandnewspapers.com

Sheriff's deputies, probation officers and supervising coroner investigators are among San Bernardino County's public safety employees who will be forgoing pay raises so the county can balance its budget.

The move is expected to save the county $5.7 million. Ballots were mailed out Wednesday to union members, who will vote on the new negotiated contract with the county, said Bill Abernathie, president of the San Bernardino County Safety Employees Benefit Association (SEBA).

Sheriff's deputies, sergeants and lieutenants have agreed to differ a two-percent pay raise in July and a 1.25 percent raise in January. Supervising deputy coroner investigators and welfare fraud investigators have agreed to forgo a 3.25-percent pay raise in July, Abernathie said.

Probation officers and supervisors have agreed to suspend a two-percent raise they received in September and to differ a one-percent pay raise expected on July 4 until 2010, Abernathie said.

On Tuesday, an impasse between the county and another of its labor unions, the San Bernardino Public Employees Association (SBPEA), came to a close when the union agreed that its members would forgo, for one year, a 3.25-percent pay raise in June if the county ensured there would be no layoffs.

The county agreed to reinstate the raise if it is forced to lay off employees, said Bob Blough, SBPEA's general manager.

To partially offset the loss or suspension of raises to employees, the county agreed to grant each of the unions a time bank, which employees can use for desired time off, similar to vacation time, comp time or holiday time. SBPEA members were granted 20-hour time banks and SEBA members were granted 60-hour time banks.

The SBPEA took issue with SEBA members getting 40 more hours in their time bank than its members did, Abernathie said.

Blough said the time bank issue was indeed a concern, but the bigger issue for the SBPEA was potential layoffs.

The SBPEA's recently negotiated contract with the county addresses that concern, Blough said.

"That incensed the county to look hard before they do layoffs in our departments," Blough said.

The 2,700 ballots mailed out to SEBA members on Wednesday must be returned to the SEBA office by 5 p.m. on June 4. They will be counted the next day, Abernathie said.

joe.nelson@inlandnewspapers.com

The Rancho Cucamonga branch of the San Bernardino County Department of Child Support Services (DCSS) is moving to a new building at 191 N. Vineyard Ave. in Ontario on June 15.

DCSS will be the first occupants of the 16,400 square foot, two-story
building that will be customized to suit the department's needs. The new office will include  expanded receptionist and cashier areas for customer and Interview and conference rooms to  allow staff to interact with customers.

"We have always had a commitment to excellence in serving our customers,
however, we will be able to take that to a new level in the Ontario
office given the more flexible venue we will have to interact with our
customers," said DCSS Director Connie Brunn in a news release. "It will reflect the highest
levels of professionalism, while, at the same time, be friendly and
inviting to our customers."

The move is scheduled to begin on June 12.  DCSS staff will
continue to provide services to customers during regular business hours
on June 12.

"Moving to our new location in Ontario will enhance our ability to serve
our customers, who will now have a more convenient location to come to
for their child support needs," Brunn said.

joe.nelson@inlandnewspapers.com

Effective immediately, Supervisor Neil Derry and his staff will no longer use Blackberry pin numbers to communicate with one another on county time, said George Watson, his chief of staff.

The new directive comes after former federal prosecutor John C. Hueston noted in a report released last week that former county Assessor Bill Postmus and his staff bypassed county servers by communicating using Blackberry pin numbers, which are not traceable. Utilizing such communication tactics precludes the media from being able to access the electronic communications via California Public Records Act requests.

Watson said the move is to further Derry's campaign promise of bringing transparency to government.

joe.nelson@inlandnewspapers.com

An impasse between the county and one of its labor unions came to an end Tuesday when union leaders agreed to forgo a pay increase for one year in order to avoid a reduction in work hours.

The agreement was reached about 5:15 p.m., following four hours of negotiations and a protest outside the San Bernardino County Government Center attended by more than 900 members of the San Bernardino Public Employees Association, said Bob Blough, the union's general manager.

The union agreed to forgo a 3.25-percent cost of living pay raise for its members that was scheduled to take effect on June 20. In return, members will not have their work hours cut by four per pay period.

In addition, employees who depend on flexible work schedules in order to accommodate their personal lives will not lose that privilege.

"What we were seeking is to provide for the security of our members and their families, and I think we have done that," Blough said Tuesday.

The union initially declined to forgo the pay raise out of concern that the county would still lay off employees, Blough said.

It forced the county to propose the reduced work schedule program, which called for the reduction in hours and the elimination of flexible schedules. It was necessary in order for the county to achieve $18.2 million in salary savings to balance its 2009-2010 budget, county spokesman David Wert said.

"Now, we've received assurance from the county that that's not the case," Blough said.

During the Board of Supervisors regularly scheduled meeting on Tuesday, throngs of chanting union members stood along Arrowhead Avenue waving signs reading "These cuts wont heal" and "Treat us fair and we will share."

The board agreed to extend negotiations with the union further, and several hours later, the agreement had been reached.

Supervisor Josie Gonzales expressed concern over allegations that the SBPEA had hired about 20 people from a temp agency to assist in the protest. She described the scenario as "small facts that lead to a great deal of misrepresentation."

Blough said the union did in fact employ about 20 temp workers to assist out of necessity, and that misrepresentation had nothing to do with it.

"It's tough to put on an even like that in the middle of May without some sort of support," Blough said. "If the Board of Supervisors didn't think we were for real they wouldn't have given us the agreement."

Union members must now ratify the contract.

"We'll have ballots out by the end of the week," Blough said.

joe.nelson@inlandnewspapers.com

Elected officials in San Bernardino County will see a drastic cut in their medical and retirement benefits beginning in the next term in order to bring the county budget in line.

On Tuesday, the Board of Supervisors, at the request of Third District Supervisor Neil Derry, voted in favor of cutting certain benefits that were introduced in June 2007.

The benefits will no longer be available upon the commencement of the next term of office for elected officials.

The county will save $147,000 in the 2010-2011 fiscal year alone as a result, and the savings are expected to grow in coming years.

Derry said the board and other elected officials need to lead by example, since other county employees are having to forgo pay raises and facing a reduction in work hours come July 1.

"I think it's important that the Board of Supervisors and elected officials also make sacrifices," Derry said.

Fifth District Supervisor Josie Gonzales agreed.

"I believe this is one small thing we can do, and we must be prudent and responsible," Gonzales said.

She said the county should take even bigger steps, and that all board members should be looking at their districts to see where they could be trimming any fat to help bring the budget in line with the county's current economic state.

"It is imperative that this be only the beginning," Gonzales said.

Second District Supervisor Paul Biane was absent from Tuesday's meeting but issued the following statement: "I agree with the decision to end the enhanced benefits provided to all of the County's elected officials. However, this is only a first step in the Board's efforts to cut spending in light of the current economy and its significant impacts on the County budget. The Board must look for substantial ways to cut spending and reduce costs in our budget, and I look forward to working with my fellow Supervisors to identify other areas where significant reductions can be made."

In June 2007, the Board of Supervisors approved an ordinance allowing the county to put in place a benefits package that called for a county contribution of $596.15, on a biweekly basis, to one of two retirement plans for each elected official. In addition, the ordinance provided elected officials a biweekly stipend to cover the cost of a health plan of their choice.

Under the new ordinance, elected officials will receive a contribution of five percent of their base salary for their selected retirement plan. In addition, they will receive $230, on a biweekly basis, for health insurance coverage plus a medical plan subsidy ranging between $83.48 and $199.54, depending on the number of dependents each elected official is claiming.

The ordinance will go before the Board of Supervisors again on June 2 for a second reading.

BY THE NUMBERS:

The San Bernardino County Board of Supervisors on Tuesday approved an ordinance calling for the elimination of certain benefits for all elected officials in order to help shore up the county's budget gap. Third District Supervisor Neil Derry, who proposed the ordinance, abstained from the benefits upon his taking office. The following is a breakdown of how much will be saved, per supervisor, in the 2010-2011 fiscal year alone:
* First District -$13,319
* Second District -$31,318
* Third District -$16,018 (Forgone by Derry upon taking office)
* Fourth District -$30,745
* Fifth District -$24,469

joe.nelson@inlandnewspapers.com

About 11,500 county employees will have their work hours cut starting June 20, and flexible schedules will no longer be an option unless the union representing them and the county can agree on another option.

The union representing the employees, the San Bernardino Public Employees Association (SBPEA), has declined to forgo a 3.25-percent cost of living pay raise, forcing the county to cut hours to achieve $18.2 million in salary savings to balance its 2009-2010 budget, county spokesman David Wert said.

Unless the union can negotiate with the county on an amicable solution, the county will implement the changes, which call for a reduction of four hours per pay period.

"There's only seven weeks left in the fiscal year. The county has to take action," said Wert. "The county's hands are tied. The county didn't want to do this."

SBPEA General Manager Bob Blough said that in 1998 and 2001, the county agreed to remove language in its contract with the union authorizing furloughs, and believes the county is in violation of that agreement.

"In light of the county's agreement to delete furlough language from the MOU (memorandum of understanding), we believe the county will not be able to implement furloughs by a creative, albeit disingenous, use of the terminology 'reduced work schedules,' without a mutually agreed upon side letter agreement . . ." Blough said.

Wert said the furlough program used by the county in the 1990s is not the same program that is being proposed now.

Under the furlough program, employees accrued benefits and leave, vacation and sick time as if they were working 40 hours a week even though they were working fewer hours, said Wert. In addition, employees got to choose the hours that they took off.

"That is not the case with the reduced work schedule, in which employees will receive credit only for the hours worked, in this case, 38 per week, and the county chooses the hours they will take off by modifying schedules," Wert said.

Some employees who hold second jobs to make ends meet depend on the flexible scheduling currently provided by the county and stand to be significantly impacted if they are forced to take an 8 a.m. to 5 p.m. shift.

"Such a change will not save the county any money, but it will create a terrible burden on the working families," Blough said.

Blough said discussions continue with the "few true leaders on the county side that agree with the SBPEA Board of Directors," and that the union has planned a march outside the San Bernardino County Government Center on Tuesday.

joe.nelson@inlandnewspapers.com

Third District Supervisor Neil Derry is proposing an ordinance that would roll back what he calls "lavish" and "excessive" benefits packages for the Board of Supervisors.

In June 2007, the Board of Supervisors approved a benefits package for supervisors of about $30,000 that included increased county contributions to retirement accounts and an all expenses taxpayer-paid medical plan. Derry said the consent calendar item was buried within the agenda with a non-descript label and ratified by the board with less than a minute of discussion. 

"They were ridiculously excessive then and even more so now in light of our economic and budget situation," Derry said in a news release.  "And the manner in which these benefits were passed was regrettable.

"If we are going to ask county employees to make sacrifices to balance our budget then the Board of Supervisors must lead by example," Derry said.

Derry has built a platform on cutting back on government waste, i.e. excessive or overly generous pay, benefits packages and other perks for top county officials and those in law enforcement in the wake of a gaping budget deficit. He attempted to do away with an annual  $20,000 county-funded benefits package for San Bernardino County Superior Court judges who already receive $200,000 a year in salaries and benefits from the State of California.

Derry says the judges' benefits are unneccessary given their high salaries, and cost county taxpayers nearly $1.5 million a year.  His motion before the Board of Supervisors did not receive a second from his four colleagues.

joe.nelson@inlandnewspapers.com

A San Bernardino County Superior Court judge has overturned approval of a new Wal-Mart Supercenter near Joshua Tree National Park because the project's environmental study improperly dismissed the impacts from the project's greenhouse gas emissions.

Thursday's ruling came in response to a lawsuit filed by the Center for Biological Diversity.

"The court agreed that Wal-Mart broke the law by refusing to even consider common-sense measures to reduce the greenhouse gas footprint of its latest big-box store,"  said Matt Vespa, senior attorney with the Center's Climate Law Institute, in a news release.

The lawsuit is one of a series of court challenges brought by the environmental group to reduce greenhouse gases from new development through the California Environmental Quality Act.

The court also ruled that the environmental study skirted measures to reduce ozone and dust pollution.

"Business-as-usual big box sprawl is devastating to our environment and communities," said Vespa. "California law requires Wal-Mart to take stronger steps to live up to its promise to reduce significant environmental impacts like global warming."

Wal-Mart officials couldn't immediately be reached for comment.

joe.nelson@inlandnewspapers.com

]A former top county official says a settlement he reached with the county in November 2007 when he resigned from the Assessor's Office is his escape clause from a lawsuit filed against him on Tuesday by the county.

The lawsuit, alleging breach of fiduciary duty, fraud, improper expenditure of public funds, unjust enrichment and civil conspiracy, was the culmination of a nearly four-month investigation by former federal prosecutor John C. Hueston into alleged malfeasance at the Assessor's Office.

The county is trying to reclaim hundreds of thousands of dollars it suspects it lost to widespread timecard fraud and political activity that occurred in the Assessor's Office during the reign of Bill Postmus.

"They did this just to further damage me in the newspapers," said Jim Erwin, 46, of Highland, the former assistant assessor of operations at the Assessor's Office. "This is the punishment you get for being a whistle blower."

Also named as defendants in the lawsuit are former Assessor Bill Postmus, Adam Aleman, Michael Richman, Gregory Eyler and Rancho City Councilman Rex Gutierrez.

Erwin resigned his position in November 2007 after a falling out with Postmus. He said he was also unsettled by what he saw occurring in the office on a daily basis.

The settlement agreement included a clause in which both parties (Erwin and the county) "deny liability therefor and intend merely to avoid litigation and further controversy respecting all claims that have asserted or that might hereafter be asserted."

In other words, both parties agreed not to sue one another for any allegations of misconduct at the Assessor's Office or any future allegations that may surface.

"They didn't want any of this stuff to be out in the first place," Erwin said. "(County Counsel) Ruth Stringer asked me, after I signed the agreement, that the Board of Supervisors wanted to know if it was going to end there."

Stringer didn't respond to a request for an interview Thursday. Her office referred calls to county spokesman David Wert.

"The county's reaction is that the county disagrees, and this is something that would be decided during the litigation process," Wert said. "Additionally, the (settlement agreement) does not cover fraud."

Erwin disagreed with that interpretation, and said a clause in the settlement waives any right the county may have to pursue legal action against him for any allegations of misconduct that may have arisen before the settlement agreement was signed.

"Mr. Erwin, the county and the Assessor hereby expressly agree that this agreement shall extend and apply to all unknown, unsuspected and unanticipated inujuries and damages that have arisen prior to the signing of this agreement, as well as those that are arising from all acts occurring prior to the date of the existence of this agreement," according to the settlement.

The lawsuit states that Erwin devoted at least an hour a day to political activities while on county time and, along with Postmus and former assistant assessor of support Adam Aleman, acted as a "rubber stamp" for fraudulent time cards.

Erwin, who is also the former chief of staff for Supervisor Neil Derry, denies the allegations, and maintains he reported those very activities to the grand jury and to the District Attorney's Office within a week of signing the settlement agreement.

Erwin's claims of whistle blower retaliation bleed through to the District Attorney's Office, whose investigators arrested him in March and charged him with 10 felonies for allegedly failing to report about $15,000 in gifts he received from Rancho Cucamonga developer Jeff Burum in January 2007, which included a Rolex Daytona watch and a luxurious trip to New York City.

Erwin said the infraction warrants, at best, a fine from the Fair Political Practices Commission, and that other county officials have done far worse and skated.

He believes the criminal charges he's facing are a retaliatory act by the District Attorney and county judges because his former boss, Neil Derry, pushed for the elimination of judicial benefits and take home vehicles for District Attorney investigators to help balance the county budget.

Those allegations have been denied.

Erwin is scheduled for arraignment on the criminal charges next week in San Bernardino Superior Court.

Once he's been served with the civil action filed this week, Erwin said he plans to have his Rancho Cucamonga attorney, David Goldstein, file a demurrer with the court to have it tossed.

joe.nelson@inlandnewspapers.com

The San Bernardino County Board of Supervisors today approved an application for about $2 million from a threatened federal program that reimburses local governments for jailing illegal immigrants who have been arrested for crimes.

The federal government has targeted the State Criminal Alien Assistance Program (SCAAP) for elimination as part of the budget proposed by the White House.

Second District Supervisor Paul Biane said in a news release that state and local governments spend billions of dollars annually to jail or imprison illegal immigrants arrested for various crimes.

"The burden of jailing illegal aliens who are caught committing crimes in our communities should not fall on the back of local government," Biane said in the news release.

Biane led an earlier effort to identify criminal illegal immigrants and to secure additional SCAAP funding for the county.

"The burden should rest squarely on the federal government, which has failed in its duty to keep these criminals out of our country," he said.

Biane proposed the creation of an illegal immigrant screening program at the West Valley Detention Center in Rancho Cucamonga in 2005, but it presented a couple of problems. Some illegal immigrants were released on bail or on their own recognizance because they were not being properly identified as illegal immigrants. In addition, the county  could not seek federal reimbursement for detaining illegal immigrants because they were not identfied and documented as such.

The county partnered with ICE to train sheriff's custody specialists to check inmates' immigration status. Now, when an illegal immigrant is identified, a detainer is placed on the inmate to prevent him/her from being released on bail. The inmates get their day in court and must serve any sentence for their crimes. Inmates are turned over to ICE for deportation after their cases are resolved. In 2008, the program was expanded to County jails in Barstow, the Morongo Basin, Victorville, and San Bernardino using video conferencing technology.

"The county has taken many steps to ensure these criminals are identified, documented, and deported, and I'm hopeful Congress will see the wisdom in fully funding SCAAP so local governments like San Bernardino County can continue to play a vital role in the efforts to fight illegal immigration," Biane said.

SOURCE: News release

The Mojave Desert Land Trust has launched a membership drive in an effort to sign up or renew 1,000 members by Oct. 15. The campaign began on April 16.

Since 2005, the nonprofit has fought to save land in the Morongo Basin, Joshua Tree National Park, Mojave National Preserve and Death Valley areas. 

One of the goals of the land trust is to acquire land within national park boundaries and donate it to the park service and protect it from future development. To date, the land trust  has acquired more than 13,000 acres of  pristine desert lands.

For more information, visit the organization's Web site at www.mojavedesertlandtrust.org.

The public is also welcome to drop by the Land Trust at their Joshua Tree headquarters, 6393 Sunset Rd., or call (760) 366 5440.

joe.nelson@inlandnewspapers.com

A long-awaited report on alleged malfeasance at the San Bernardino County Assessor's Office is expected to be released at Tuesday's Board of Supervisors meeting.

On April 28, Gary Ovitt, chairman for the San Bernardino County Board of Supervisors, announced that the board planned to release the report at its May 12 meeting.

"Nothing has changed since the last announcement," county spokesman David Wert said today.

The county may sue former executive staff members who served under former Assessor Bill Postmus, who served from January 2007 until his resignation on Feb. 13 under a cloud of suspicion that includes methamphetamine abuse, time card fraud and political shenanigans in his elected office.

Jim Erwin, who served as Assistant Assessor under Postmus from Jan. 8, 2007 to Oct. 30, 2007, said he resigned his post due to the alleged unethical conduct and illegal activity that was occurring at the Assessor's Office. He subsequently went to work as chief of staff for Supervisor Neil Derry, only to resign that position in March following his arrest for allegedly failing to report in a timely manner about $15,000 worth of gifts he received from a Rancho Cucamonga developer in January 2007.

"My position is that the (Assessor's Office ) investigation needed to be done . . . and whether it reflected poorly or positively against me, it still needed to be released," Erwin said.

On Jan. 27, the county retained trailblazing Enron prosecutor John Hueston to build a case against Postmus for his removal from office. Postmus resigned less than two weeks later, and the scope of Hueston's investigation turned to the alleged misconduct that had occurred at the Assessor's Office.

The county has paid Hueston about $180,000 so far for his work, Wert said. He said he hasn't heard if the county plans to have Hueston continue the investigation after the report is released.

Erwin said Hueston briefed the Board of Supervisors on March 3, and told them the county would have to consider filing civil actions against up to seven former members of the Assessor's executive staff to recover restitution for work not performed, and that damages could exceed $1 million.

"My understanding is the primary focus is the time card fraud because that's the area where the most money has been lost, Erwin said.

Meanwhile, the District Attorney's Office continues its criminal investigation into Postmus and his former staff members, including Erwin, Adam Aleman, Greg Eyler, Rancho Cucamonga City Councilman Rex Gutierrez and political consultant Mike Richman, among others.

Office spokeswoman Susan Mickey said her office plans to release a statement once Hueston's report is released Tuesday. She has declined to comment on specifics of the investigation, or if any arrests could be expected.

"Our investigation will go where the facts and evidence lead it," she said.

Postmus, who also served as San Bernardino County's First District Supervisor from 2001 to 2007, and from 2005 to 2007 was the board's chairman, is currently undergoing his third bout of treatment for methamphetamine abuse. He said via telephone today that he too will make a statement after Hueston's report is released Tuesday.

joe.nelson@inlandnewspapers.com

The San Manuel Band of Mission Indians will donate $500,000 to a Catholic nonprofit to complete construction of a shelter for pregnant women and their children vexed with the harsh realities of domestic violence, drug abuse and homelessness.

On Wednesday, San Manuel tribal chairman James Ramos will tour the construction site and present a check to Mary's Mercy Center, which is having the 15,000-square-foot Veronica's Home of Mercy II built on West Victoria Street.

The nonprofit also operates the Mary's Table soup kitchen on Roberds Avenue.

"These community service organizations are right in the middle of the communities they serve, have been around a long time and are successful programs," Ramos said. "But sometimes, the funding is what lacks."

Mary's Mercy Center opened Veronica's Home of Mercy, a 40-bed facility on West Sixth Street, in 1995, but the demand for services and beds outgrew the space.

In 2002, the nonprofit embarked on a five-year fundraising effort for the second shelter on Victoria Street, which will provide 80 beds. It broke ground on the project in September 2007.

Construction came to a halt earlier this year after the economy took a dive, and the project was suspended indefinitely.

"With the economic downturn . . . we were running out of funds to complete it," said Mike Hein, program administrator.

Enter San Manuel, who responded to a grant application from the nonprofit.

The organization is also hoping to secure $600,000 from San Bernardino's economic development agency, which would provide the organization with the necessary funding to complete the $2 million project, Hein said.

Once funding is secured, the new facility should be completed within 120 days, Hein said.
San Manuel has long played a philanthropic role in giving community service programs a needed boost in times of financial straits.

In October, the tribe gave $100,000 to the Home of Neighborly Service, an 86-year-old youth community center in San Bernardino that had fallen into disrepair. The donation provided the funds needed to overhaul the building and provide new boxing equipment for the kids, among other things.

In this case, Ramos said the tribe was moved by the role Veronica's Home of Mercy plays in the community.

"These economic times are bad for everybody, but when you're a mother out there on the streets with a child and have no place to go, it's a lot worse," Ramos said.

joe.nelson@inlandnewspapers.com

A public meeting will be held from 6:30-8:30 p.m. May 14 at Kimbark Elementary School in Devore on the I-15/I-215 interchange project.

The project calls for additional lanes being built to separate trucks from passenger vehicles and connecting local streets in order to relieve congestion and improve safety and goods movement through the San Bernardino Valley.

The public meeting will be an "open house" format to allow visitors to drop by any time betwee 6:30 and 8:30 p.m. to talk to planners, ask questions and submit written comments about the project.

Kimbark Elementary is located at 18021 Kenwood Ave. in Devore.

For more information, call San Bernardino Associated Governments at (909) 884-8276 or visit the Web site at www.sanbag.ca.gov

joe.nelson@inlandnewspapers.com

More than 100 college students from Cal State San Bernardino's "Greek community" will gather at Yucaipa Regional Park at 9 a.m. Saturday for an all-day commitment to give the park a makeover in time for its Memorial Day opening.

The event is sponsored by San Bernardino County's Third District Supervisor Neil Derry.

Students will plant trees and bushes, paint park structures, clear weeds, perform other general maintenance duties.

"Regional parks are a safe, clean option for residents looking for inexpensive family friendly activities in these tough economic times," Derry said in a news release.

Each year the Cal State  Greek Community participates in a "Unity Day" where members of various fraternities and sororities join together in a day of service. Field representative Nick Calero organized the volunteer project at the park.

"This project will showcase what a phenomenal asset the Greek community is to our region," Calero said.

The San Bernardino County Board of Supervisors on Tuesday appointed Victor Valley College President Dr. Robert Silverman to the Workforce Investment Board.

The Workforce Investment Board is a public-private entity that identifies the needs of local employers, creates training programs and prepares residents to work in those industries.  It also provides job placement, job search, career counseling, resume writing and interview training services at the county's three employment resource centers in addition to providing assistance to businesses at its Business Resource Centers.

"Given the versatile role of a community college in preparing young adults for future careers, having Dr. Silverman on the Workforce Investment Board is a natural fit," said First District Supervisor Brad Mitzelfelt in a news release.

"I'm very honored to receive this appointment and I have always been committed to workforce development and the WIB.  I look forward to working with everyone to ensure the residents and businesses in our County receive the best benefits possible from these programs," Silverman said.

Southern California Edison presented the San Bernardino County Board of Supervisors on Tuesday with a check for $127,978 for the installation of energy-efficient equipment on several county projects.

The county's Architectural and Engineering and Facilities Management departments worked jointly with Edison through an energy partnership that expanded the county's efforts to enhance energy efficiency within new building construction and retrofit of existing buildings, according to a county news release.

"This partnership and the forward-thinking of our departments opened the door to enhanced incentives that represent immediate and long-term savings on county construction projects," board chairman Gary Ovitt said in the news release.

The incentive payment represented energy savings from the installation and retrofit of high-efficiency air conditioning equipment and controls.

"It gives us much satisfaction to know this partnership not only reduces costs on our finished projects and continues energy savings long-term, but also that these enhancements will properly support the operation of these buildings for decades to come," County Administrative Officer Mark Uffer said in the news release.

joe.nelson@inlandnewspapers.com

A San Bernardino Superior Court judge has ordered that a civil action against former top county official Jim Erwin by the San Bernardino County Public Attorneys Association be moved to Orange County due to pretrial publicity.

Erwin, 46, of Highland, was serving as chief of staff for San Bernardino County Supervisor Neil Derry when he was arrested at work by District Attorney investigators on March 19. He was charged that day with 10 felonies for failing to properly report about $15,000 worth of gifts he received from Rancho Cucamonga developer Jeff Burum in January 2007, including a luxurious trip to New York City and a $13,000 Rolex Daytona watch.

The publicity surrounding that case and the District Attorney's probe into alleged malfeasance at the county Assessor's Office, where Erwin served as assistant assessor at the time allegations surfaced, could taint the jury pool in the civil case, Judge Janet M. Frangie concluded in her two-page ruling issued Monday.

"When printed and broadcast pretrial publicity creates a reasonable likelihood that a fair trial cannot be had, the trial court should continue the case until the threat abates or transfer it to another county," Frangie wrote, citing the 1972 case Corona v. Superior Court.

Frangie said in her ruling that while "the analysis of defendant Erwin may may not involve a brutal crime, it may nonetheless evoke similar depths of passion from a jury," and that "perjury and corruption charges involving a county official may impassion a jury."

The San Bernardino County Public Attorneys Association, which represents prosecutors, deputy public defenders and child support attorneys, sued Erwin in March 2007 alleging breach of contract, breach of fiduciary duties and fraud. The union hired Erwin in 2005 to negotiate its contract with the county, and union officials claim he misrepresented the three-year contract he brought back to them. The result, according to court records, was an estimated $600,000 loss in compensation for the attorneys. 

Erwin, however, says he was able to increase the value of the three-year agreement by $4.5 million.

joe.nelson@inlandnewspapers.com

Plans are underway in Joshua Tree for the development of an approximately 14-acre, eco-friendly campground featuring 22 lodgings shaped like tepees, a 16,000-square-foot reception area and a 300-acre desert tortoise preserve.

The two-phase project is expected to be fully completed in eight years, but the first phase of the project should be completed in about three years, said Abel Villarreal, president of JAT Associates, the Los Angeles-based developer of the campground.

On Tuesday, the San Bernardino County Board of Supervisors approved the final development plan for the first phase of the project, which will cost about $20 million. The second phase will cost about $25 million, Villarreal said.

The first phase of the project will include 11 campsites constructed like tepees, the reception area and a 17,000-square-foot fitness center complete with gym, fitness classrooms, locker rooms, snack bar, hair and nail salon, retail shops and an employee lounge. It will also feature a guarhouse, six therapeutic pools, five massage/spa treatment rooms, a dry sauna building and an outdoor sculpture art garden.

"It's a real exciting project. We welcome a project like this with open arms," said Steven Hauer, deputy chief of staff for Third District Supervisor Neil Derry.

He said the state-of-the-art "green campground" serves as an anchor project for the High Desert tourist area, and has the potential to draw in more commerce and development.
JAT purchased the land in 2002, and has worked with the U.S. Fish and Wildlife Service and the state Department of Fish and Game on the first ever "low-effect habitat conservation plan" for the federally endangered desert toroise, said John Simpson, a co-founder of JAT Associates.

He said another important element of the campground's design is maintaining the rural atmosphere of the desert landscape by leaving roads unpaved, which required special approval by the county Planning Commission.

At build-out, the campground will include 51 buildings and employ 150 people to serve 350 day time guests and 106 overnight guests. Four wind-cooling towers made from shipping containers will cool outdoor patios and lounging areas.

The campground will also feature nine motel-style rooms, horse stables, a 170-space parking lot, one swimming pool, an outdoor theater, two restaurants (including the one in the reception area) and 34 other recreational amenities.

joe.nelson@inlandnewspapers.com

The San Bernardino County Board of Supervisors today voted to extend, through June 30, the county's contract with the Superior Court of California, which provides about $20,000 a year in benefits to county judges.

For the last six months, Third District Supervisor Neil Derry has pushed to eliminate the annual benefits to help shore up the county's budget deficit. It would affect 67 county judges and amount to about $1.4 million in savings to the county through 2015.

Today's board action extends the annual judicial benefits through June 30, 2009. Meanwhile, the board will continue negotiating with the court a new memorandum of understanding for the 2009-2010 fiscal year.

In April, a board subcommittee comprised of Chairman Gary Ovitt and Fifth District Supervisor Josie Gonzales was formed to review all services and interactions between the county and the courts.

San Bernardino County Presiding Judge James C. McGuire said he will continue pushing for the continuation of the benefits, which amount to about $1,500 a month for automobile, education and security allowances, among other benefits.

He said San Bernardino County judges have the highest caseloads of any court in the state, and that the court provides many services to the county in return for those benefits.

"If it's justified in anywhere, it's in this county," McGuire said of the benefits.

Derry said the courts may force the county to discontinue the benefits anyway due to a 4th District Court of Appeal ruling in October, which concluded that Los Angeles County's practice of providing benefits to judges was unconstitutional.

A law that goes into effect May 21 gives counties the option of terminating judicial benefits at the end of a judge's current term, but judges must be notified in writing six months in advance.

Derry also says that eliminating the benefits would remove "any perceived or actual conflicts between the Board of Supervisors and the Superior Court."

McGuire has said the court picks up the cost for video arraignments, a $1 million annual savings to the county in the transport of defendants to and from jail for in-person arraignments. In addition, the county is reimbursed by the state a percentage of all collections from traffic citations and other fines and assessments.

Historically, the county has provided various services to the court, including accounting and auditing services by the Auditor/Controller-Recorders Office, court legal advice and representation by County Counsel, traffic fine and misdemeanor collections from the Treasurer-Tax Collector's Office, among other services.

Provisions of the contract will be retroactive to July 1, 2008.

joe.nelson@inlandnewspapers.com

The San Bernardino County Board of Supervisors is poised to approve today a contract with the Superior Court of California that provides an additional $20,000 a year in benefits to San Bernardino County judges.

The county does, however, have the option to renegotiate the contract with the court for the 2009-2010 fiscal year, which begins on July 1, said Burt Southard, spokesman for Supervisor Gary Ovitt, the board chairman.

Third District Supervisor Neil Derry was pushing to discontinue the annual benefits to 67 county judges, which would amount to about $1.4 million in savings through the year 2015 and help shore up the county's $131 million budget.

"I think it's unfortunate. I think the courts are going to require us to do it anyway," Derry said Monday, referring to a 4th District Court of Appeal ruling in October which concluded that Los Angeles County's practice odf providing benefits to judges was unconstitutional.

Superior Court judges in California make about $180,000 a year. In addition to their regular salaries, San Bernardino County offers an additional $1,500 in monthly benefits to the judges that include automobile, education and security allowances.

A law that goes into effect on May 21 gives counties the option of terminating judicial benefits at the end of a judge's current term, but judges must be notified in writing six months in advance.

Presiding Judge James C. McGuire opposes the discontinuance of the benefits, arguing the court picks up the tab for many services it provides the county in return for the benefits.

The court picks up the cost for video arraignments, a $1 million annual savings to the county in the transport of defendants to and from jail for in-person arraignments, McGuire has said.

In addition, McGuire said the county is reimbursed by the state a percentage of all collections from traffic citations and other fines and assessments.

Historically, the county has provided various services to the court, including accounting and auditing services by the Auditor/Controller-Recorders Office, court legal advice and representation by County Counsel, traffic fine and misdemeanor collections from the Treasurer-Tax Collector's Office, among other services.

Provisions of the contract will be retroactive back to July 1, 2008.

Southard said the board always has the option of revisiting Derry's proposal in the summer, when it comes time to renegotiate with the court again.

joe.nelson@inlandnewspapers.com,