SB Now

I find the SBBlog very interesting and insightful of the reflections and opinions of the many people of the City of San Bernardino. It is good to debate and agree to disagree, while respecting the opinions of others. Today as I read thru the blogs of the last week, many things have transpired, in which I hope to provide more input on my thoughts and opinions as we move closer to the upcoming election process and look forward to achieving the change that is needed in city government in order for us to see the restoration of our community. It is San Bernardino's time, and we need new blood in order to revive and help us move forward. Enough of the past, let's move on.

I was there, and this is a good description of what happened. Turner did a lot more to help his cause than Rachel in the eyes of everybody on hand. Very surprisingly, Rachel seemed at a loss to respond to the persuasive arguments from Turner, especially about sales taxes. Based on what I heard, I am very concerned about the work the city clerks office is doing. Wow.

Turner's desperate attempts to get into any office in the San Bernardino area are annoying at best.

Dena,
Welcome to SBNow Blog! It’s refreshing to read a calm, rational entry. I look forward to engaging in political discourse with you as your hectic schedule permits.
You are among the few here with the necessary convictions and ethics to post using your name rather than an alias. While using an alias is a valuable tool for those with insider information in fear of retaliation at the workplace and it should remain in place here for those in need of it, time & again it is used here for cowards and obsessed weirdoes to post gibberish.
Your manner of posting blog theme-related thoughts and of closing with your name on them leads one to hope for brighter days ahead. This blog could become a valuable, rich resource replete with bloggers of diverse points of view contemplating and sharing their perspectives. Your arrival here is seen as a portent of better times ahead on the SBNow Blog.
Your Friend & Neighbor Supporting Local Community & Personal Betterment in San Bernardino,
Susana Atanasova

In the best interest of San Bernardino I have gone to extraordinary lengths to show that SALES TAX ISSUES ARE MATTERS OF THE FINANCE DEPARTMENT, please follow this to the conclusion, or skip ahead if you’re short on time, it’s long and detailed, with oodles of links to verify each step along the way and contacts for speaking with State of California officials to be certain this is all true. I have never been one to try and dupe anyone, but I can appreciate the need to verify things, so, here we go!
First, please pause a moment to reflect upon the consequences of what you seem inclined to accomplish.
Close your eyes and recall images of all the madcap antics you may have witnessed in-person, or on Channel 3, during San Bernardino City Council meetings.
Now, recall the sole steadfastly decorous presence in chambers (and out): Rachel Clark.
If you have pulled permits, obtained business licenses, applied for passports, or done any number of business dealings in San Bernardino, haven’t you always been treated courteously, with dignity and respect? Hasn’t everyone ever attending to you at City Clerk Rachel Clark’s office been knowledgeable, ready with the proper form/s, attentive to your every need, capable and pleasant in all dealings with you?
The one saving grace at City Hall, administration after administration, through crisis and turmoil and upheavals that lesser folk have often admitted to being unable to witness, never mind enduring for almost 2 unblemished decades: Rachel Clark.
A hometown gal done good & proud. Rachel Clark continues to do the city good. Please, VOTE FOR RACHEL CLARK AS OUR SAN BERNARDINO CITY CLERK.
Joseph Turner is a vibrant, exuberant, loosely checked personality type in diametric opposition to that of sedate, refined, poised, and experienced Rachel Clark. As Robert Rogers’ thread initiation indicates, and “anonymous” confirms above, Joe, bless his passionate soul, just cannot keep it together long enough to make it through a simple candidate’s forum. Can you imagine the additional chaos at city council meetings ~ not to mention the other exquisitely important meetings taking place away from televised scrutiny ~ where things get heated more often than not? Gracious!
Joseph Turner has his place in our society. We need people who have the desire to better our world and the initiative to go forth and try. However, City Clerk is so overpoweringly NOT the office for Joe that it is embarrassing.
Truly troublesome is that people with usually remarkable analytical skills are letting the passion of the prose negate, nay obscure, the content of the message. Here are some facts:
1. State of California Board of Equalization is “in charge” of the sales taxes, if any ~ NOT . The State to relinquishing this role to The City is preposterous. Please, seek Publication #28 at: http://www.boe.ca.gov/cgi-bin/pubs.cgi or more directly, visit: http://www.boe.ca.gov/pdf/pub28.pdf and take particular note of page 14, then follow where encouraged, namely, page 29, continuing to page 30, which states, in part:

If.an.inquiry.contains.sufficient.factual.data.to.support.the.probability.that.local.tax. has.been.erroneously.allocated.and.distributed,.OR.that.district.tax.has.not.been.. distributed.or.has.been.erroneously.distributed,.the.inquiry.will.be.accepted.for.investigation..“Sufficient.factual.data”.includes,.at.a.minimum,.the.following:
• Taxpayer.name,.including.owner’s.name.and.doing.business.as.. designation..
• Taxpayer’s.seller’s.permit.number.or.a.notation.stating.“No.Permit.. Number.”
• Taxpayer’s.complete.business.address.
• Complete.description.of.taxpayer’s.business.activity.or.activities..
• Specific.reasons.and.evidence.showing.why.the.taxpayer’s.local.tax.allocation. is.questioned..(See.Regulation.1807.for.more.information.). OR. Specific.reasons.and.evidence.showing.why.the.district.tax.distribution.or. nondistribution.is.questioned..(See.Regulation.1828.for.more.information.)
Turning to page 33, you will note, in part:

All.new.district.taxes,.whether.imposed.by.cities,.counties,.or.special.authorities,.
must.be.adopted.by.the.levying.entity’s.legislative.body.and.approved.by.the.voters.
within.its.jurisdiction.before.the.tax.may.become.operative..The.operative.(start).date.
is.the.first.day.of.the.first.calendar.quarter.more.than.110.days.after.your.election..For.
example,.if.an.election.is.held.on.the.first.Tuesday.in.November,.the.start.date.is.April.
1st.of.the.following.year.
After.voters.have.approved.the.ordinance,.it.is.important.that.you.notify.us.immedi
ately.that.your.tax.has.passed.so.we.may.begin.to.take.the.necessary.steps.to.imple
ment.your.tax..We.will.mail.you.two.contracts.to.sign.and.return,.along.with.a.letter.
requesting.certified.copies.of.your.ordinance..The.first.contract.is.for.preparatory.
charges,.“Contract to Prepare to Administer District Transactions and Use Tax,”.while.the.other.
is.for.ongoing.administration,.“Contract for State Administration of District Transactions and
Use Tax.”.(See.“Administrative.Charges.and.Costs”.in.this.publication.).The.administra
tion.agreement.must.be.executed.by.us.and.the.district.and.then.approved.by.Depart
ment.of.General.Services.before.the.tax.can.go.into.effect
Failure to notify us of your new district tax will result in a delay of the start date of the tax. This could
result in a loss of revenue or postpone the distribution of funds from the district tax to the city, county,
or special authority.
To.get.a.sample.ordinance.or.if.you.would.like.additional.information.on.imposing.
new.transactions.and.use.taxes,.please.contact.the.appropriate.staff.listed.on.the.last.
page.of.this.publication..See.our.website,.under.Sales.and.Use.Tax,..Local.Taxes,.for.
answers.to.frequently.asked.questions.

The best comes last. On page 59, the final page before the glossary, is the “Claimed Incorrect Distribution of Local Tax, Short Form”, aka BOE-549-S Rev.1 (12-02), and aka Exhibit R. There you will see the form for resolving this matter once and for all. It requires the name, address, telephone number and etcetera of the “contact person”… The person responsible for filling out this form at City of San Bernardino is IN THE FINANCE DEPARTMENT!
It wasn’t quick & easy, but here are the steps that revealed that information, in order they are:
For further information, please contact Tax Policy Manager, Sales and Use Tax Department, Mr. Jeffrey L. McGuire, at:
STATE BOARD OF EQUALIZATION
450 N STREET, SACRAMENTO, CALIFORNIAPO BOX 942879, SACRAMENTO, CALIFORNIA 94279-0043TELEPHONE (916) 445-1441FAX (916) 445-2388www.boe.ca.gov
Or,
Honorable Bill Leonard, Board of Equalization Member, Second District (MIC 78)

You may also appreciate the information, in the easy-to-understand format I am aware of at:
http://lao.ca.gov/2000/calfacts/2000_calfacts_state-local.pdf

And this information if from Rialto’s website at: http://www.ci.rialto.ca.us/finance_479.php
• The State Board of Equalization (BOE) issues seller's permits and is responsible for the administration and collection of the states sales and use, fuel, alcohol, tobacco, and other special taxes and fees.
State Board of Equalization
3737 Main Street #1000
Riverside, CA 92501
(909) 680-6400
If you think Rialto’s far to go, I had to go to Lincoln, Nebraska for this gem, located serendipitously with a letter from Joe Turner of Save Our State and a copy of his failed proposal, by sheer coincidence at: http://www.lincoln.ne.gov/city/council/agenda/2006/071006/d071006.pdf
II. DIRECTORS
FINANCE/ TREASURERS DEPARTMENT
**1. Monthly City Cash Report closing May 31, 2006.
*2. June sales tax reports:
a) Actual Compared to Projected Sales Tax Collections.
b) Gross Sales Tax Collections (with refunds added back in).
c) Sales Tax Refunds.
d) Net Sales Tax Collections.
As far as I’m concerned, this settles it once and for all, FINANCE DEPARTMENT, NOT City Clerk’s Office is the one to turn to about this.
PLEASE, cast aside the red herrings being slapped over your eyes and see RACHEL CLARK is not the one to even look toward when it comes to SALES TAX ISSUES IN THE CITY OF SAN BERNARDINO ~ FINANCE DEPARTMENT _IS_.
RACHEL CLARK FOR CITY CLERK!
Susana Atanasova

Good morning and happy Friday. As I start my day today, just a few comments for the blog, my feelings on elected officials and their length of terms leave a lot to be desired. Let me ask the question, why is that the city attorney and city clerk elected positions have never had any other interested persons on the election ballot? There are a number of reasons, time, money, no dedication to the cause or the community. On the other hand, why is that these two positions, and I should add the city treasurer, have had one and only one person on the ballot for these many years--I mean, the US president isn't allowed to serve, Lord have mercy, who would we want in that position for that many years? The same applies right here in the good ole' City of SB. Just because there is only one person on the ballot doesn't mean people will put their vote in for them. And it is nothing to brag about either when they win--where's the competition? These seats have become nothing more than a J-O-B, getting that paycheck, how much dedication is really in the hearts of these elected officials? They are just waiting for their retirement, which is not too far away. And to end, I have heard that one or two of these individuals doesn't even physically live in the city--what kind of dedication is that? I'll let the readers figure that one out--oops, or did I say something that someone might think no one has a need to know, or perhaps, I may tick someone off because I said something they didn't particularly like--well, I'm not afraid, my job is not on the line here. More later,

In response to the blog Susanna wrote on who is responsible for the taxes being changed per the election, and how Walmart and any other businesses that were out of compliance, well if that is true that the Finance Department is responsible to ensure we collect what is due to our city, we have a problem, and what is the city proposing to do?

Rumors around city hall are that the Finance Director is the one running the city, not the City Manager, that he listens to the rantings and ravings of the Finance Director while this individual tells the City Manager what to do. That's interesting. It is certainly true that the Finance Director has a lot of power, but . . .

I can recall back in the early 90's, the Finance Director at the time had discovered after the new fiscal year, there was a discrepancy of some $7-8 million, which had a major impact on the fiscal budget at that time, well, that individual quietly left the city not too long after that, went to City of Rialto. Some years later, during the course of salary negotiations with the Personnel Director and fire/police personnel, there was a legal opinion discovered that set a precendence some years back, and again, what the city thought was going to be a savings, turned out to be more money out of the city's budget, a major blow to the Personnel Director's image, that person left the city for another city agency up north.

Is that what they do, just quietly find another place to work? Do you think we will see that with the current Finance Director? Ummmmm, time will tell. Will we have a new Finance Director or City Manager?

So how do we straighten out the dealings going on in city hall?--you elect new officials who are willing to take a stand and challenge the current system and make a change. The saying that if it's not broken, don't fix it, well it is obvious that there is something broken, so let's fix it. This upcoming election is going to be a turning point for our city.

Susana:

Nobody, including myself, has maintained that Rachel Clark is solely responsible for the sales tax fiasco.

A problem this big has enough blame to go around.

Here are the facts:

1. Rachel Clark was notified on two separate occasions that businesses, including Wal-Mart, were not collecting the appropriate sales tax.

2. There is not one written communication between Rachel Clark and anyone else regarding this information according to a public information request that I submitted.

3. She cannot definitively state whether or not these businesses are even paying sales tax to San Bernardino.

4. She has admitted that there were SB businesses with a Colton mailing address who were paying taxes to Colton for years.

5. She has not investigated this matter or called for an investigation.

6. While sitting at City Council meetings when Wilson and others are discussing a revenue shortfall in Measure Z funding, not once did she ever voice her knowledge about the lack of tax collection by Wal-Mart, etc.

At the end of the day, there is plenty of blame to go around. This is San Bernardino money and if San Bernardino doesn't care about it, nobody is going to care about it.

Sure, the BOE is partly to blame. However, according to my public info request, on two separate occasions, they requested from Barbara Pachon a street by street listing of city property to properly code the city.

They never received a response from what I can gather.

Regardless, San Bernardino is the store owner. It is our money. The BOE (manager) might also be responsible for overseeing employees and guarding against theft and shrinkage, etc.

However, at the end of the day, it is the owner's bottom line and ultimately the buck stops with San Bernardino.

Rachel Clark, Barabara Pachon, Fred Wilson and our Mayor and Council are all guilty of neglect and mismanagement.

Joe,
1. To reiterate, from my link-rich comment above showing step-by-step why SAN BERNARDINO CITY CLERK RACHEL CLARK's office is NOT responsible for the sales tax issues. Like any other responsible, civic-minded individual, when someone told her about something wrong, she reported it to the proper authorities: SAN BERNARDINO FINANCE DEPARTMENT.
The ONLY potential, and it IS only potential, for wrong I can see going toward Rachel Clark regarding this matter would have been her acting in poor stewardship by turning a blind eye when the matter of the one-quarter-of-one-cent sales tax not being programmed into WalMart check stands was shared with her. Lord knows, there's enough to do at City Clerk Office without looking for more! But I can't place blame with Rachel Clark there because she DID step up to the plate and see that the proper department, THE FINANCE DEPARTMENT, was made aware of the situation.
2. Rachel’s lack of culpability on this one has been clearly shown.
3. Rachel’s proven she doesn’t turn away from an opportunity to help her hometown, even if it goes above & beyond her job description. I mean, in my experience with bureaucracies, getting pointed in the right direction would have been “good enough”. Instead of leaving it at that, Rachel ran with the ball and made SURE the information was relayed to the proper department. Say it with me now, please: THE PROPER DEPARTMENT FOR SALES TAX MATTERS IS THE FINANCE DEPARTMENT.
In which order does everyone wish to address the remaining issues? This one’s settled, as far as I’m concerned.
SCORE: RACHEL CLARK, 01 JOE TURNER, 00
Next?
Your Friend & Neighbor, As Ready To Reveal Rights As Wrongs,
Susana Atanasova

Joe,
For the sake of continuity, I’ll copy the 6 points you list as your facts in order and reply after each.
Joe says,
1. Rachel Clark was notified on two separate occasions that businesses, including Wal-Mart, were not collecting the appropriate sales tax.
Susana says,
1. San Bernardino City Clark Rachel Clark reported the information to the proper department, the FINANCE department, though it was above & beyond her duty to do so after being incorrectly contacted with this information. She could have easily just said, “That’s a matter for Finance, not City Clerk”, turned on heel and gone about her business. That she did NOT is a testament for her, not against her. She’s a hometown gal done good and doing good for the hometown.
Joe says,
2. There is not one written communication between San Bernardino City Clerk Rachel Clark and anyone else regarding this information according to a public information request that I submitted.
Susana says,
Nobody is disputing that San Bernardino City Clerk Rachel Clark conscientiously went beyond the scope of her role and told Finance about it, so energies invested in that direction are wasted. The operative word in that sentence was “told”, not “wrote” and the important point was “nobody is disputing”. Beyond that, there’s about as much reason to expect to find a paper trail between City Clerk’s Office and others regarding this as there is to find a paper trail between your SOS Offices and Ninny Navarro. The different departments each have their own areas of focus, concern and responsibility. For the umpteenth time I repeat, “San Bernardino City Clerk Office is NOT the contact for Board of Equalization Sales Tax issues, San Bernardino City & County ARE. Please, see my link-rich post on this topic, and read BOE Publication #28.
Joe says,
3. She cannot definitively state whether or not these businesses are even paying sales tax to San Bernardino.
Susana says,
And San Bernardino City Clerk Rachel Clark, as head of City Clerk’s Office NOT Finance Department, isn’t expected to. I don’t demand ophthalmology from my pharmacist, just because they’re located under one roof. Why do you continue to repeat this as part of your campaign after it’s repeatedly been made clear to you that THIS IS A FINANCE DEPARTMENT MATTER. What you accomplish by continuing to repeat this is the alienation of folks who see that you refuse to acknowledge an error, correct it, and move on. We ALL make mistakes. You’re no seasoned veteran and it’s no big deal that you made what I assume was an honest mistake. The rub comes when you have it made clear to you that you were mistaken, yet doggedly continue to say what then becomes campaign mudslinging, making this no longer an honest mistake. The result is that you end up appearing “a negative campaigner”, instead of one who focuses on the issues. There ARE issues. When will you acquiesce on this point and move on to ISSUES, Joe?
Joe says,
4. She has admitted that there were SB businesses with a Colton mailing address who were paying taxes to Colton for years.
Susana says,
To do otherwise would be a lie and many for her impeccable character admire San Bernardino City Clerk Rachel Clark. Thank you for providing further proof that San Bernardino City Clerk Rachel Clark cares about her hometown, the City of San Bernardino and the importance of FINANCE DEPARTMENT recognizing past errors and learning from them, so that they not be repeated again.
Joe says,
5. She has not investigated this matter or called for an investigation.
Susana says,
It is not the job of San Bernardino City Clerk Rachel Clark to “investigate”, nor to call for an investigation. Again, please read BOE Publication #28. The pertinent pages are noted in my prior post and explain this is precise official detail, the pages are (2) in the 20s and (1) in the 50s, as I recall, after having read it all before visiting this issue. It pays to be prepared. Again, as above, this initially could be seen as an honest mistake of a novice. But having had the point called to your attention, and even the official publication links laid before you, leaving you no effort to invest but a click and a read, and still continuing to repeat this as “fact”, now knowing it is NOT, well, you’re bright ~ you know how it’s making you look.
Joe says,
6. While sitting at City Council meetings when Wilson and others are discussing a revenue shortfall in Measure Z funding, not once did she ever voice her knowledge about the lack of tax collection by Wal-Mart, etc.
Susana says,
The onus falls squarely upon Finance Department Head Fred Wilson to share Finance Department “news” during his reports. That he did not bodes poorly for him. Another at SBNow Blog has speculated that, as has happened in the past when similar events have unfolded, Fred Wilson may soon be employed elsewhere, and The City of San Bernardino will be the better for it. I have enough on my plate and can’t be “jack of all trades and master of none” on this, so, I’ll leave the Finance Department to others. It is enough for me to reiterate that Finance Department and Office of City Clerk are separate entities, with separate realms to encompass.
Revisiting your #6: Did you mean to infer, given the public’s expectation of you to be a substantially less restrained and decorous city clerk, were you to receive a majority of the votes a month from now, that you would interject and impose yourself during the televised San Bernardino City Council meetings, thereby heightening the intensity of embarrassment felt by some at the infamous “circus atmosphere” of the proceedings?
Your Friend & Neighbor Supporting Local Community & Personal Betterment In San Bernardino,
Susana Atanasova

Susana:

It is very difficult for me to follow your arguments as your writing style is fairly convoluted.

I will simply let the readers decide whether or not they believe elected and high ranking officials in our city government are immune from culpability when they learn about problems facing our community.

It seems to me, and I may be wrong, that you believe individuals should only be held accountable for those matters directly under their control.

There have been many unfortunate stories over the years regarding individuals being attacked, raped and beaten while onlookers went on and simply looked without calling the proper authorities.

I find your attempt to justify Clark's unwillingness to take the initiative and fix a problem that has an enormous impact on our entire community disappointing.

There have been times when I or my children have picked up the litter someone else left behind. Perhaps, we should have left it on the ground for someone else to pick it up.

In response to the last blog, heaven forbid that anyone step out of line to try and correct a wrong at city hall--what do they call that, whistleblowing?--I think so. You will be forever marked, have a cloud over your head, be blacklisted, known as the bad person--I don't think many employees want to go there. That is why they don't take action, don't believe there is anything worth putting their j-o-b on the line to take a stand for something they believe or know is right. I never thought I would see the day when right is wrong and wrong is right, but that day has certainly come.

A lot of hot air over a non-existent problem. The city does regular audits of taxes and can go back up to 3 years to collect taxes owed. The Agency primarily responsible is the BOE and the city has and is continuing to do its due diligence. Joe is just making this an issue because he is so desperate to get elected to something.

Sales tax is a State issue, not a City. Why is this even a focus in this election?

Let's not forget that Joe Turner is an agressive individual with harbored prejudices against the Latino people and the advocates of his organization Save Our State, reiterate that with every post they make.

He has even been arrested for assault.

A snake may shed its skin every once in a while, but that doesn't make it any less of a snake.

Another question that no one has seemed to ask is why Mr. Turner is soliciting campaign contributions from the Save Our State site: http://www.saveourstate.org/vforums/showthread.php?s=88865c0942cf943ee4872c8c25ee21ff&t=30241

Save Our State is classified as a 501c3 non-profit organization, however, this is a violation of the 501c3 status according to the IRS. http://www.irs.gov/publications/p557/ch03.html#d0e3104

Joe Turner does not belong in any political office.