Penman received free country club membership
In a story in The Sun on Thursday, we reveal that a complaint has been filed against City Attorney James F. Penman for using a free membership to the prestigious Arrowhead Country Club.
The free membership - members typically pay between $2,000 and $4,000 annually for access to the club - may be a violation of state laws prohibiting elected officials from receiving gifts in excess of $400.
Penman (pictured below during a Sun podcast interview) on Wednesday admitted he was an honorary member - ie. able to frequent the club without charge - until March 2006, when he stopped accepting the complimentary membership. But he says he did nothing wrong because his membership entailed fewer benefits than the standard $2,000-plus pass, a defense that members of the club say is untrue.
![16416644E[1].jpg](http://www.insidesocal.com/sb/sbnow/16416644E%5B1%5D.jpg)
A spokesman for the Fair Political Practices Commission, the state agency that enforces limits on gifts made to elected officials, confirmed a complaint was received by the agency in October 2006 ... (click below for more)
The spokesman would not confirm or deny that an investigation is ongoing, standard practice for the agency.
Penman on Wednesday said he has not been contacted by the FPPC and denied wrongdoing.
Leaders at the private club denied comment on the matter.
It is difficult to say how imperiled Penman is by the charges. It should be noted, however, that this reporter has interviewed three past and current members and a handful of others and all expressed skepticism at Penman's claim that his membership could have been valued at under $400 annually. Penman, who doesn't golf, said he never used the tennis courts, skeet shooting range or other amenities, only the dining area.
Still, those interviewed said the honorary membership includes full access to all the club facilities and is tantamount in value to the priciest memberships, which run roughly $4,000 per year.
Penman said he has not been contacted by the FPPC in the year since the complaint was filed, but election law expert Dana Reed said the delay is in line with typical FPPC investigation procedure.
"They get thousands of complaints every year," said Reed, a Los Angeles-based attorney specializing in election law. "They weed out the frivolous ones, and they don't have that many staff members. And Mr. Penman is a local official, and they tend to go after the state officials first."
Reed continued: "FPPC has a four year statute of limitations, and one year before getting to the subject of the investigation is not unusual at all. They usually contact the subject last, after drawing a circle around the guy by gathering evidence from third parties. It's standard investigation procedure."
Reed said Penman's worst case scenario would be a charge for criminal violations of the political reform act, most likely focusing on his statement of economic interest in 2005. In that document, obtained by the Sun, Penman reported a $150 membership for the year from the country club, a number he arrived at by determining that his membership was worth $300, divided between he and his wife.
More likely, Reed said, would be that if Penman was found in the wrong, he would be fined $5,000 per violation, the number of violations being difficult to tell because it appears Penman had and used the membership for years.
It should be noted that we have no direct evidence that the FPPC is investigating the complaint against Penman. We know only that he had a membership, sources say the membership was similar to those valued at $2,000 to $4,000, and that normal FPPC procedure is not to have yet contacted Penman.
Penman discontinued his membership in Spring 2006, around the time he lost the mayoral election to Mayor Pat Morris.
Morris, incidentally, has been a club member since 1975, said his chief of staff, Jim Morris. Jim Morris added that the mayor has always paid his monthly dues, which are currently more than $2,000 annually.
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Jim Penman has gone from bad to worse and the trend shows no sign of reversing any time soon.
Now, the very people Jim and Wendy attempt to coerce, I mean convince, to vote for them and their cadre of contemptible candidates are expected to believe they've been overpaying their country club memberships by thousands of dollars all this time ~ the value only being $1.5 hundred per spouse, per year, according to Jim Penman's official submissions to FPPC.
Is there a person in San Bernardino, or anywhere, that feels membership of ANY caliber to the country club has a fair market value of $12.50, per person, per month, as Jim Penman has long reported it to be? Gracious! At those prices, even the parolees and welfare recipients can afford to mosey over and take a bath in the cement pond!
Jim Penman's math makes a month's access to San Bernardino’s lovely country club far less costly than that of either the Y, or the Jerry Lewis Swim Center. Is this how the rich get richer? I think not. Instead, I think Jim Penman, again, is caught being less than honorable in his actions, which speak far louder than his manipulative words.
Even at only one quick Jerry Lewis Swim Center Plunge visit on weekends, at $2.00 per trip, the monthly total of $16.00 exceeds the valuation Jim Penman attributed to access to the far more exclusive and refined waters of our country clubs amenities, available to him and his on a daily basis and availed at will. And, this is not taking into consideration anything but the pool ~ never mind the fine dining, the tennis, the skeet, the links ~ as in golf, not Louisiana Hot, for those queuing up with their boom boxes, flip-flops, beach towels and Mack10’s, ready to experience The Penman Parolee Paradise Pot-Shot & Plunge Special at rock-bottom prices, lower than those of the local municipal pools!
One can only hope the FPPC investigators will be timely yet meticulous in their duties.
Fortunately, we have a well-educated, experienced and prepared attorney ready to fulfill the requirements of San Bernardino City Attorney in Marianne Milligan. For once, San Bernardino has an attorney admired by peers (See other posts in SBNow Blog with commentary in full & glowing support of Marianne Milligan by the legal community for substantiation.).
Your Friend & Neighbor,
Susana Atanasova, Wondering Why I Took The Children To Glen Helen, The Y & Pharaoh’s When The Country Club Only Costs Pennies A Day! (Not!)
$150 a year for an honorary membership to the Arrowhead Country Club? Where do I sign up? Please Jim, the only reason you ended your relationship with the club is you knew you were in a politically weakened position after losing the mayoral election. If you had won you'd still be enjoying the perks of basically a free membership. This is a clear violation of the FPPC rules...where's the watchdog? Obviously, he only barks when its to his political advantage.
That's tanamount to falsely accepting the right to rub shoulders during dinner with some would be's of those who think they are of the High & Mighty Powered ELITE .. and ... without paying at $2,000.00 dollars at least.. that the Mayor is reported to pay a year for that right!
Off with his head!
Well, at least, if he is found to be in the wrong, then, according to the law, fine him!
And, then make sure Mr. Pennman gives back those elbow rubs to ALL THOSE would be HIGH AND MIGHTY ELITES..
Humph! How could you Mr. Pennman!
Well, another part of the Morris mud slinging machine has finally come out from under the rock where it has been anxiously awaiting to show its ugly and venomous head. Although it is not the head of this good ole boys political machine, or cannot be the head of anything, it continues to come out of its hole periodically. I believe that the Morris predecessor called this mud slinger by the pet name of “Timmy”. I cannot remember how many times “Timmy” has run for political offices on the coattails of the previous City Attorney, Ralph Prince. Ralph Prince was in office for 28 years and if any of the City Department heads and other City elected officials from that era, are still around, they can give you many interesting points of view about the way that office was run and how Penman cleaned it up for San Bernardino. They can also tell you about the savings to the taxpayers in just the first year Penman was in office and every subsequent year after that.
The Morris machine wants to defeat Penman so it can go back to the way it was when the good ole boys ran that City Attorney office. The first thing that will happen is that Milligan will be given an “assistant”. Can you guess who that “assistant” will be? Yep, it will be Timmy. Milligan will be given the job of “modernizing the office”. Curtains, carpet, paint colors, desks, chairs, many paintings of her pseudo father image Pat Morris. She will probably do this for the four years and then the Morris machine will cut her out altogether and have “Timmy” elected to be City Attorney. In those four years she will be in office, we will go back to the pre-Penman years in the City Attorney’s office. As Betty Dean Anderson so aptly puts it, “Check the record”. This will mean farming out 100% of the cases against the City to outside firms instead of what the Office currently does. The farming out costs the City lots of money. Let’s see, what firm does the current Mr. Prince work for? I can bet we will be hearing a lot about them if Penman’s opponent is elected.
Another shot was taken at Jim Penman by the Morris machine in this Thursday paper. Why is it that the Morris antics are not given the attention they deserve? Among the many quirks in this administration have been that nepotism still rules the roost in that hen house. The mayor claims his son does not collect a salary. That may be true. I wonder what the IRS thinks about the way the son provides for his family without a salary? Can anyone answer whether the “assistant son” to the Mayor, has use of a City automobile, City gas card, City credit card, City financed trips out of the area, luncheons, and dinners paid by taxpayers, City provided cell phone usage, laptop computer, or an office paid for by taxpayers? Does his son use the services of City paid administrative staff and does he use any of the items above to provide favors for another APOINTEE, Milligan.
Since Mayor Morris daughter goes by another name(how convenient), she has actually been on the taxpayers’ dime for two years. How about that, a contract with no bids, no hassle, and no one knowing about it except Papa.
When she and Papa are outed, hizoner Morris, states that this only became knowledge due to two of the city’s hardest working, no nonsense type Guardians and Gatekeepers to the shenanigans that other mayors, council people, and our present City Manager are trying to pull over the taxpayers’ eyes. These two being blamed are Mrs. McCammack and Mr. Penman.
How about it Mayor, who has cost the taxpayers’, aka, YOU and ME, more money? Who has constantly ignored the Voice of the citizens in your stalling and placed roadblocks to everything the three good council people and Mr. Penman propose? Who has cost the taxpayers over $600,000 for a social program doomed to fail. Remember, you wanted the taxpayers to be surrogate parents so you could gain notoriety?
As anyone can see, if it was it not for Jim Penman, Wendy McCammack, and Chas Kelley, being inconveniently in the way, everything would be fine for the Mayor Morris machine. More relatives on the payroll or no bid contracts, no fear of a Councilperson to question the overpayment of invoices or conflict of interests. There would be no one to question the insanity of placing a Police perimeter around OP Phoney to gain State and national attention. All this while ignoring the mandate of the citizens for more police on all our streets. In this Morris fantasy World there would not be a City attorney to question the Mayor’s failure to serve the people.
Mr. Joe Penman, or is it Mr. Jim Ortiz?
The facts to date:
1. In the wake of his wild accusations toward his opponent and the Mayor, Penman now, according to the Sun, finds himself the subject of a complaint to the California Fair Political Practices Commission. The charge? Penman, the "watchdog for the people" has, apparently for the last decade, been enjoying a free membership to the Arrowhead Country Club. Mr. Penman claimed in his statement of economic interest that the annual value of this membership is $150. Members of the exclusive club more accurately put the value of the membership somewhere in the range of $2,400 to $5,400. In 2006, the same year the complaint was lodged, Penman discontinued his free membership. With a salary of over $145,000 annually, why would he compromise his ethics and the trust of the citizens he professes to protect for such gratuities...one wonders what might have been offered in return. Most hardworking citizens know that there are no "free" rides.
2. Recently Penman attemped to damage the Mayor's reputation over a minor City contract. However, this stunt backfired and now Penman must explain how an office under his control could be totally unaware of a practice that appears, by Penman's own admission, to have been in place since before he took office, which was 20 years ago!! How long does he get to play the "that was before me" card? True to form, Penman creates convoluted "legal" issues so that he can push his political agenda, which right now is getting re-elected.
3. After leveling outrageous and misleading accusations against his opponent during a televised debate, Penman is now left to explain why, if the accusations are true, did he hire and then promote her? Since it is common knowledge that Penman hand picked Milligan to replace him as City Attorney when he believed he would win the mayoral race, it takes a big leap of faith to believe that these accusations against Milligan have any merit.
More likely, the truth appears to be that Penman failed miserably in the mayoral election and then Milligan became a threat to him (so she had to go).
Incredibly, in an attempt to reconcile this contradictory situation, Penman attempted to explain that he did not know everything about his opponent's background when she was hired. His reason? According to Penman, when the background check was done (by his office) they were not aware of his opponent's prior married name. Now it seems to most people that basic "investigation 101" would dictate that you find out whether the applicant had a prior name, especially for women who's names often change due to marriage and divorce. It seems that this basic information would be easily attainable. If this is the kind of due dilligence that Penman claims his office does, I wonder how he handles other legal issues for the City?
Penman doesn't have to worry about mudslinging from others, he's doing an admirable job of slinging mud on himself. I wonder if the "free" facilities at the Arrowhead Country Club have been used in the past for political fundraising events by Penman or his political allies?
Mr. Rogers, as I previously said, keep up the good work, ask the hard questions, and do the research. The truth, as you are learning, is not as Mr. Penman would have us all believe.
http://www.fppc.ca.gov/Act/2006Act.PDF
There is nothing to argue.
This is no ambiguity.
It is quite clear.
To save your time, here is a guide, listed in the order of appearance at the link indicated:
§ 81004. Reports and Statements; Perjury;
Verification.
§ 81004.5. Reports and Statements;
Amendments.
§ 81008. Public Records; Inspection;
Reproduction; Time; Charges.
§ 81009. Preservation of Reports and
Statements.
§ 82025.5. Fair Market Value.
§ 82028. Gift.
§ 89503. Gift Limits.
§ 89521. Unlawful Honorarium, Gift or
Expenditure.
§ 91000. Violations; Criminal.
§ 91002. Effect of Conviction.
§ 91003. Injunction.
§ 91004. Violations of Reporting
Requirements; Civil Liability.
§ 91005.5. Civil Penalties.
§ 91006. Joint and Several Liability.
§ 91007. Procedure for Civil Actions.
§ 91008. Judgment on the Merits;
Precedence; Dismissal.
§ 91008.5. Civil Action Precluded by
Commission Order.
§ 91009. Considerations; Liability.
§ 91010. Campaign Disclosure Violations;
Request to Civil Prosecutor.
§ 91011. Statute of Limitations.
§ 91012. Costs; Attorney Fees; Bond.
§ 91013.5. Collection of Penalties.
§ 91014. Applicability of Other State Law.
Your Friend & Neighbor,
Susana Atanasova ~ Supporting Marianne Milligan for City Attorney more than ever!
Voice of Reason,
Perfection.
Please, continue to write.
If I don't already know you, I hope to meet you. I'm sure listening to you would hold me enthralled!
Warmest Regards,
Susana Atanasova ~ Asking this: Who is our "civil prosecutor" in SB?
Again, all of you throwing judgement on this issue have NOT been given the FACTS by the newspaper. Why? Because noone at the Country Club would comment on the record. Why? Because then ALL that have received that same membership who have NEVER reported ANYTHING are, per your commentary and "news reporting" are in violation of law. Anyone at the club will tell you those memberships have NO value. They are revocable at any time. You MUST pay for anything you eat or drink. You CANNOT use any of the other facilities that are offered to paid membership holders. Again, the FACTS have been left out, because the Morris groupies would have to rat out Valles, Wilson, Lewis, Baca, Police Chiefs, Judges, etc, their allies. My god, how much power a newspaper has when they CHOOSE to ignore the FACTS. Especially when the facts were offered. Too late, false damage has been done! And you have all been duped, again for political purposes instead of focusing on the issues. But, if you are going to compare integrity based on fact or non-fact, than I guess Milligan and Penman are equal based on all of the previous commentary.
PW&M,
It really doesn't matter if there is a whole score of these folk up at the country club, or not ~ at least not unless you're one of the many full dues paying members who never knew Jim was suckling at the rarefied country club teat, like a WIC baby on the formula powdered milk stuff ~ any means to an end, right? YUCK! It simply isn't RIGHT!
It does not dilute the bad done by James F. "Jim" Penman
~ would that be Cubic Zirconium Jim Penman? ~ it's sure not Diamond Jim, that's for sure! ~
I, for one, want recourse for the many honest, decent albeit deceived full dues paying members at the country club who not only were unknowingly subsidizing this elitist form of privatized welfare for the hand-selected among them, but who had the quite dramatic affront of a public valuation as $12.50 a month ~ less than a quick 2 hour dunk in the muni. pool every weekend day for a month ~ entered in the official reports filed year after year in Sacramento. Talk about a slap in the face!
The issue of the board allowing Penman and others in on the dole isn't what we, the non-member public, have a direct line of deserved interest in. That part of this is in a different compartment.
What we, Joe & Susie PDQ Public, have rightful umbrage toward is Penman signing under penalty of perjury that the reported value of his gift was $12.50 a month ~ the amount of a modest tip to some valets!
The problem here is Penman lying, for over half the time he's been in office. Not, "Oh no, Dear! That doesn't make your butt look big at all", but, as a visit to,
http://www.fppc.ca.gov/forms/700-06-07/refpamphlet06-07.pdf
reveals,
Gift Limits
Effective January 1, 2007, the gift limit increased to $390. This gift limit will remain in effect until
December 31, 2008.
Who Must File
FPPC Form 700 Reference Pamphlet (2006/2007)
FPPC Toll-Free Helpline: 866/ASK FPPC
Ref. Pamphlet-2
1. Officials and Candidates Specified in
Gov. Code Section 87200 and Members of
Boards/Commissions of Newly Created
Agencies
The Act requires the following individuals to fully
disclose their personal assets and income
described in the attached Form 700:
[among MANY others]
• City Attorneys
Fair Market Value:
When reporting the value of an
investment, interest in real property, or gift, you must
disclose the fair market value – the price at which the
item would sell for on the open market. This is
particularly important when valuing gifts, because the
fair market value of a gift may be different from the
amount it cost the donor to provide the gift. For
example, the wholesale cost of a bouquet of flowers
may be $10, but the fair market value may be $25 or
more. In addition, there are special rules for valuing
free tickets and passes. Call the FPPC for
assistance.
The point this all builds to is the decade or more than Jim Penman repeatedly signed this, located on page 5 at,
http://www.fppc.ca.gov/forms/700-06-07/Form700-06-07.pdf
5. Verification
I have used all reasonable diligence in preparing this
statement. I have reviewed this statement and to the best
of my knowledge the information contained herein and in any
attached schedules is true and complete.
I certify under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
THAT is the kicker. $12.50 a month equating to "fair market" and "reasonable diligence" is something I can't sit still for.
Jim Penman may recall, way back when we first met in the beginning of the 1990's ~ around the time we had an early morning breakfast with his lovely 2nd wife at the old Highland by Arrowhead IHOP, now CASA SANCHEZ, visit it sometime!, and I repeatedly refused to let him pay for my breakfast ~ I was new to SB politics, but somehow my Spidey senses just weren't having any of it, if you get me... call it woman's intuition, whatever, that event stays with me... Still, I was an ardent supporter for years after that...
ANYWAY!
Way back in those days, I filed and won a federal fair housing discrimination complaint on behalf of 108 households in Ward 2. Pretty cool, huh?
Especially considering I'm sure no fancy attorney! Just a simple gal off the farm, living in the big city now, basically.
Still, I followed my inner compass, as I am wont to do always, and stood up for the underdogs, as I have been consciously doing since 2nd grade ~ it's just who I am, it's what I feel the need to do. I don't go searching out wrongs to right, but, when a wrong is committed in my area of life, whoa, doggies! It's time to open up a can! And I'm not talking a can of foie gras at the country club either!
I feel the same way I did when I filed that federal complaint and won without legal representation...
Could it be time for another victory for the underdogs?
Time will tell...
Stay posted...
Your Friend & Neighbor,
Susana Atanasova ~ Always happy to right a wrong ~ starting with my own!
Another shot was taken at Jim Penman by the Morris machine in this Thursday paper. Why is it that the Morris antics are not given the attention they deserve? Among the many quirks in this administration have been that nepotism still rules the roost in that hen house. The mayor claims his son does not collect a salary. That may be true. I wonder what the IRS thinks about the way the son provides for his family without a salary? Can anyone answer whether the “assistant son” to the Mayor, has use of a City automobile, City gas card, City credit card, City financed trips out of the area, luncheons, and dinners paid by taxpayers, City provided cell phone usage, laptop computer, or an office paid for by taxpayers? Does his son use the services of City paid administrative staff and does he use any of the items above to provide favors for another APOINTEE, Milligan.
Since Mayor Morris daughter goes by another name(how convenient), she has actually been on the taxpayers’ dime for two years. How about that, a contract with no bids, no hassle, and no one knowing about it except Papa.
When she and Papa are outed, hizoner Morris, states that this only became knowledge due to two of the city’s hardest working, no nonsense type Guardians and Gatekeepers to the shenanigans that other mayors, council people, and our present City Manager are trying to pull over the taxpayers’ eyes. These two being blamed are Mrs. McCammack and Mr. Penman.
How about it Mayor, who has cost the taxpayers’, aka, YOU and ME, more money? Who has constantly ignored the Voice of the citizens in your stalling and placed roadblocks to everything the three good council people and Mr. Penman propose? Who has cost the taxpayers over $600,000 for a social program doomed to fail. Remember, you wanted the taxpayers to be surrogate parents so you could gain notoriety?
As anyone can see, if it was it not for Jim Penman, Wendy McCammack, and Chas Kelley, being inconveniently in the way, everything would be fine for the Mayor Morris machine. More relatives on the payroll or no bid contracts, no fear of a Councilperson to question the overpayment of invoices or conflict of interests. There would be no one to question the insanity of placing a Police perimeter around OP Phoney to gain State and national attention. All this while ignoring the mandate of the citizens for more police on all our streets. In this Morris fantasy World there would not be a City attorney to question the Mayor’s failure to serve the people.
Pen Name.......standing up clapping.....