Penman to Milligan: Let public know about your work
City Attorney James F. Penman, facing a challenge for re-election in November from his former understudy, is asking his opponent to sign a waiver allowing details of her employment history to be publicly discussed ...
In an e-mail sent from Penman to his challenger and former employee Marianne Milligan late Wednesday, the incumbent asks that a waiver be signed releasing the city from liability in the event that he and others open to the public details of her employment.
A copy of the letter, dated Sept. 19, follows:
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Dear Ms. Milligan,
Since you have decided to seek election to a public office I am sure you will want your employment history to be as available to the public as is my own employment history. I am sure you will agree the voters deserve to know as much about you and your background as they know about mine.
As you know, when one runs for public office they invite scrutiny of their background and arguably give up their right to privacy. However, in order to protect the City of San Bernardino from liability it would be reasonable for you to provide the City a waiver of your right to privacy to ensure that the voters have full disclosure of your record and employment with the City of San Bernardino.
Accompanying this email is an Authorization and Release permitting the City of San Bernardino, its officials, officers, attorneys, employees, etc. to release and discuss to the public and/or the media details of your employment in the City Attorney’s Office and authorizing the release of documents pertaining to that employment and your employment with the Code Enforcement Department.
Please sign and date the Authorization and Release and provide the original to the Office of the City Attorney.
Thank you,
James F. Penman
*****
Penman has been taken some lumps in the press of late. A Sept. 19 Sun editorial took aim at the city attorney for political gamesmanship. Intrigue has swirled over a lawsuit filed by a Penman ally - and with the help of a law firm that has contributed to his campaigns - against Milligan last month over language in her candidate statement. A judge ruled Milligan had used "misleading" words and ordered them struck or altered.
Mayor Pat Morris has endorsed Milligan and waged a war of words against Penman.
Now Penman, who demoted Milligan before she fled his office to become Deputy Director of Code Enforcement, is aiming to open the curtains on Milligan's history in his department.
He has said virtually nothing about her work to date. Milligan said her demotion was officially triggered by "poor performance," which she has coyly suggested was a trumped charge.
It will be interesting to see Milligan's response. Clearly, signing a waiver would open the gates on a torrent of information, probably to the delight of Penman, who has indicated that information about personnel matters - ie. Millignan's employment history with the city - would be vulnerable to litigation.
As it is, Penman's long history is an open book, while Milligan's remains shrouded in a veil of relative mystery.
No need for this or any reporter to remain objective about the issue of freedom - or barriers on - information with regard to the work of public figures who wish to serve at the public's pleasure: More information is better.
Stay tuned.
I imagine Jim Penman would like to also reopen the discussion about his sexual harassment case several years ago. Massages in your office and other activity attributed to you should be drudged up again. In fact, Jim shouldn't the whole investigation done by the law firm who investigated the allegations be posted on the internet for all to read? Oh wait a minute, haven't you hidden it? Fair is fair post it on the internet. Don't call somebody out without first setting the standard!! Besides the lurid details would make for interesting reading.
The "investigation" SB watcher says Penman should post on the internet was never given to Penman, according to a Sun article at that time.
I remember when Penman had to go to court to get an order to force the Mayor's Office to release the phony investigation report that corrupt council members, who later pled guilty to bribery, paid almost $100,000 in public funds for.
The late councilman, Ralph Hernandez, while under investigation by Penman's office for bribery, filed a complaint against Penman with the California State Bar Association. Hernandez claimed Penman was sexually harassing secretaries in his office.
The State Bar, which governs, disciplines, and can forbid lawyers from practicing law, ruled that the charges, and the so-called "investigation report" were false.
When Penman ran for Mayor, Pat Morris and Judith Valles resurrected the same old, false charges.
Valles filed another complaint with the State Bar, claiming Penman lied about being cleared by the Bar the first time.
After Penman produced the letter from the Bar clearing him, and after another Bar investigation into Valles' false claim, Penman was cleared a second time by the Bar.
I remember all of this very well, as if it was yesterday, despite my age.
Is this the best Penman's opponents can do? Well, what would you expect from a woman like Penman's opponent whose claim against her boss in Costa Mesa, their City Attorney, was determined to be false?
That fiasco cost the citizens of Costa Mesa over $750,000 to settle the lawsuit brought as a result of her antics.
After paying that huge amount, the Costa Mesa City Council abolished their entire city attorney's office and contracted the work out.
Now, Typhoid Marianne, Penman's Orange County opponent, has hit San Bernardino. How much will she cost us before she is done?
Attention, San Bernardino voter residents, a repeat of the attacks on some of our most responsible citizens has started. These first started a couple of years ago by The Sun, the Mayor, and his kissy four members of the Council that never say or take any action other than to side with the Mayor’s failed policies of protecting you and your children. When they do say something, it is in the form of a question such as “what do you want us to do, Mayor, how do you want us to vote , Mayor?” One such attack by the Sun editor was directed at Jim Penman on Wednesday September 19th. This editor’s attack disregarded the front page articles of that edition that emphasized by others in the City and County what Mr. Penman has been asking the last two Mayors to do for years in fighting for our City.
The reason for these attacks are political and vicious in nature. They are meant to destabilize your perception of the very few people who are pulling for the City and the citizen-voters; the actual voters who put them in office.
If the Mayor and the Sun have their way, the City Attorney and the only three Council members who truly fight for their constituents’ security and for the quality of life issues would be replaced. by a band of more kissy Mayor robots.
IMAGINE THE SCENE AT CITY HALL, IF YOU DARE TO, IF THE MAYOR AND THE SUN ARE SUCCESSFUL IN REPLACING OUR FEW REMAING GOOD LEADERS, DERRY, KELLY, McCAMMACK, AND OUR CITY ATTORNEY, PENMAN. This would be a scenario right out of a horror movie, but no one in the Administartion would see any of it.
Joe Ortiz
Regarding City Attorney Jim Penman's opponent. I was told that she has only tried two jury trials, three at the most.
She has never tried a serious felony jury trial and she has never tried a civil case in front of a jury.
Since the City Attorney is constantly trying civil cases brought against the city in front of juries, how can his opponent do the job if she has never had a civil jury trial?
This woman doesn't have the legal experience to be city attorney. Why is the Mayor trying to force her on us?
This is looking more and more like a power grab on the part of Mayor Morris.
Why is he afraid of City Attorney Penman? Morris already beat Penman in the Mayor's race so he can't be afraid of Penman for political reasons.
Does the Mayor have something he is trying to hide and is afraid Penman will find out?
Is that why he wants someone who won't do the check and balance job of an elected City Attorney?
Whatever his reasons, what the Mayor is trying to do isn't right.
-a 71 year resident of SB
71 year SB REsident you are misinformed. Ms. Milligan has had much more court room experience than Mr. Penman. Jury trials are not the only court experience a litigator gets. Law and motion are equally important and Ms. Milligan has vast experience. She has briefed and presented oral argument at the Court of Appeal and filed Petition for Review at the California Supreme Court. Ask Mr. Penman the last time he appeared in court on a case he handled himself. It is incredulous to say that Ms. Milligan doesn't have the experience to be City Attorney. For your information, Mr. Penman does not handle civil litigation, he has hired attorneys who do that, or on the big cases they are contracted to outside law firms. They are the ones who defend the City, not Mr. Penman. Just as he does, Ms. Milligan, I am quite sure, would have competent support attorneys to handle the City's litigation. I am very sad that Mr. Penman and his "supporters" have chosen to do nothing but smear Ms. Milligan rather than focusing on the very serious issues in San Bernardino. His time would be better spent trying to show the voters how he can help the City because his record over the last 20 years doesn't look so great.
Hey! Folks! While all of you are having your attention being directed towards the City Attorney Race.. Know the reason why ... The Mayor needs the change made...
Now, if there isn't one of you that hasn't heard the Mayor (ol Pat) say more than once that he is a FULL TIME 24/7 365 days a year empolyee of this City (nothing ELSE, period!) and doesn't even have the time to visit his little cabin up on the mountain.. whew! Poor, poor Patty!
But, folks there is something wrong with this picture and the City Attorney's race and the need to get Pennman out of the way.. and it has to do with activities going on over at our AIRPORT! MONEY! YEAH! MONEY! BIG TIME!
And, while our Patty (our Mayor) supposedly is a 24/7 365 days a year ONLY on the job for the CITY OF SAN BERNARDINO, period Mayor for you and me.. HE also slides on over and is the CHIEF COOK AND BOTTLE WASHER at the AIRPORT!
Yep! He has some underlings but he be the BOSS with the final WORD!
And, there are many a new things a happenning over that way that do not include you and me! Or, hmmm? Shoud I say in ways the do? You decide..
Such as.. Including constant TRAFFIC about to be FLYING OVER YOUR HOUSES SOON.. within about a YEAR or so 24/7 365 days a year.. NOISENOISE Pollution and a few other minor little possibly deadly details.. and with Jim Pennman in the way protecting you and me from the Mayor.. and his wealthy friends and their idea of what's good for the health of you and your family..
Well, with the Mayor having his own little chosen attorney "I will do anything you tell me to do", attorney bowing at his feet.
WELL you take it from there!
If you back the Mayor and his choice for City Attorney.. You'll have made the same mistake I made when I voted for the Mayor.. You will have been badly fooled. Yes, that is my opinion.. Fool me once shame on me!!!! The price is way to high to have to pay twice.
And, by the way... The San Bernardino Sun in the past, has made reference to the fact that the Gal running for City Attorney has a religous background of a Mormon... but at this time is not praticing her religion.. ( I believe that was attempting to sway a large voting citizenship in the area) I think it should be known... The same exact fact applies me.
I was poised to respond to the post immediately prior to this one, then I realized my time can go toward something else: The post refutes itself just fine all by itself.
~Susana