San Bernardino council votes to send ultimatum to church after receiving sex offender memo
Andrew Edwards
Staff Writer
SAN BERNARDINO - The City Council voted late Monday night to send an ultimatum to a local church that hosts an Operation Phoenix youth center after council members received a leaked memo reporting that a registered sex offender had performed work on the premises.
The council voted 5-0, following the recommendation of Councilwoman Wendy McCammack, to inform the leadership of First Church of the Nazarene that City Hall will stop paying rent to lease space at the church's campus unless the congregation agrees to never allow any registered sex offenders to set foot on the facility.
Council members Esther Estrada, Tobin Brinker, Fred Shorett and Chas Kelley voted in favor of McCammack's plan. Council members Dennis Baxter and Rikke Van Johnson were reportedly ill and not present at the meeting.
Representatives from First Church of the Nazarene were not present at the meeting to respond.
The unknown party who made a confidential memo into a public concern did so as little more than a month remains before the Nov. 3 city elections.
The sex offender issue arose Monday after an unknown party delivered a confidential memo to each council member's place on the dais. The document was set out before the start of Monday's council meeting.
The document, written by Police Chief Keith Kilmer, reported that a registered sex offender had performed work at the church, which is home to three children's facilities, including city's first Operation Phoenix recreational center.
The council began discussion of the memo when Kelley called attention to the document around the meeting's start. The council then voted unanimously to put the issue on the agenda as a late-breaking item and McCammack read the full text of the memo at the dais.
The council then conducted its meeting as scheduled and did not resume discussing the sex offender issue until after 8:30 p.m.
Kilmer's memo reports that the Police Department learned from the Mayor's Office on Aug. 26 that a registered sex offender had performed work at First Church of the Nazarene, which hosts the central Operation Phoenix center, SOAR Charter Academy and Valley Christian Preschool.
The police investigation determined that the church's pastor knew the worker, who has attended Sunday services and volunteered for the church, was a sex offender.
The man was not a church employee, but has worked for a contractor who took jobs at First Church of the Nazarene. According to the memo, the sex offender "worked largely" on weekends and that arrangements were made so that the sex offender worked away from and did not have access to children's facilities.
The sex offender also picked up his girlfriend's daughter from SOAR, according to the memo.
"At this point it appears that because (the sex offender) was acting as a parent when he visited the school to pick up his girlfriend's daughter, and because the work he conducted at the facility was done at the request of the church, (the sex offender) is compliant with state and local law," Kilmer's memo concludes.
Kilmer told the council during Monday's proceedings that the memo was not prepared for council review and that investigators thus far have found "no detectable criminal offense."
Police Lt. Dan Keil, who also addressed the council Monday, reported that the sex offender had no outstanding warrants and that the report of his employment originated in a dispute between ex-spouses.
An ex-husband, Keil said, contacted authorities and reported that the sex offender was in contact with children being cared for by his ex-wife.
Law enforcement officials have not found evidence, Keil said, to conclude that any criminal activity stemmed from the sex offender's relationship with the reporting party's ex-wife.
Keil also said the sex offender no longer has a relationship with the unnamed ex-wife, has moved to a new address and is not working on the church premises.
Although City Attorney James F. Penman said he was satisfied that the police investigation found no reason to launch a new prosecution, he also said he was concerned that the city could be exposed to liability if the man had attacked a child after San Bernardino officials knew that the sex offender had been present near a city-operated youth facility.
Penman said that he would send investigators to the children's facilities at the church on Tuesday morning to notify parents that a registered sex offender had worked at the location.
The city attorney said he had no knowledge prior to Monday's meeting that a sex offender was allowed to work near the Operation Phoenix youth center.
Before the conclusion of Monday's meeting, his office produced a flier showing the sex offender's face and reporting that the man has been convicted of incest and lewd and lascivious acts with a child under 14 years old.
Kilmer emphasized that the decision to notify the community of a sex offender's presence is a sensitive matter and in this case, not mandated by law. Penman, however, said his office has authority to provide notification on its own initiative.
Penman also noted that the Operation Phoenix center near the church has "a history," as it is the same youth facility that Mike Miller managed until Miller was arrested on suspicion of child molestation in July 2008.
Miller has pleaded not guilty and is awaiting trial.
The city's parks chief, Kevin Hawkins, dealt with the fallout from the Miller scandal and told the council that he was satisfied with the police investigation and has no reason to believe that children were at risk because a sex offender performed work on the church campus.
"I think our department is uniquely sensitive ... given what we went through last year," Hawkins said.
"If there was any threat, I would tell you. You know I would tell you," he added.
Before casting votes, council members said that they consider the issues raised in the memo to have been important enough to have prompted city leadership to have notified them that police were investigation issues near the Operation Phoenix center.
"I can't urge you enough that in the future, let's communicate a little better," Kelley said.
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Well, here we go again, another cheap political trick played by the one and only
Jim (I will leak any thing) Penman. For sure you wont find Penman's fingerprints on this disclosure of confidential information, but rest assured his caused this to happen. It always benefits Penman's political strategy in trying to defeat Morris. Pat treats Penman like he is a 'worm', when Penman is a most dangerous snake. Common Pat, lets take the gloves off and start reminding people about Penman's sorted past indiscretions and deviant behaviors. There was a good reason why Morris beat the daylights out of Penman in the last election. The good people of San Bernardino knew that Jim was not fit to be Mayor, let alone City Attorney. Penman's supporters tend to be older white people who buy into Penman the "White Knight" and avenger. In Jim's world, San Bernardino would be perfect if it were all white and rich. Simply stated, Jim Penman is a 'fear-monger' who appeals to the worst in people.
The memo had nothing to do with the upcoming elections; however, it is a good thing the reporter brought up the election because it stands as a reminder that we can vote out the problem: Morris.
Chas Kelly stuttered and bit his tongue so hard as he contemplated openly discussing the fact that another pedophile was working at an Operation Phoenix center, but he did bring it up. Chas brought it up, I'm guessing here, because he has children. As much of a self-serving ***** as he has ever been in the past about Operation Phoenix, he did the right thing here.
Morris tried to keep it quiet. He didn't care about the kids in that center enough to send out a note to parents. What a sicko.
Penman was entirely reactionary. I watched him closely as his assistants brought him page after page of information. Each one furrowed his brow more and more - until he just blew his top and (professionally) said that he was going to inform the parents. If he was a bad guy & wanted to use this to further his political campaign, he'd have gotten happier and happier that he finally caught Morris in his Operation Molestation again - just in time for the election; however, he was genuinely upset.
Monster Morris was only upset that the public would again be notified that he put their children at risk. He could give a crap less about civil rights until a pedophile can't work at his children's centers...Strange, huh?
Jim Penman is this the best you can do? San Bernardino needs serious help and you are trying to score political points with this?
Yes, Penman is, by far, our best hope. I wish PopePaul would stop claiming Penman is a racist. Monster Morris is the one who hired the police chief (Billdt) who used the derrogatory term "SanBeanerNegro" on our city.
If Penman hated people with darker skin than him, then why would he go out to a dense population of them and help, & help, & help them? I saw his eyes when he spoke with the African American children living in the Guthries: concern and care, as if they were his own children. If he were a good klan member, he couldn't care less about those children; however, he cared.
He didn't come with any bullet proof vest, guards or weapons. He came with his heart and mind open for his people. Yes: I said, "his" people. San Bernardino residents are, indeed, Penman's people. He genuinely cares about all of the residents of San Bernardino.
I am probably one of the most critical people of our city government and I have yet to find dirt on Penman. I was really looking hard for it, too. (sorry, Penman, but I did check you out) Every time something affiliated with him goes up before city council, he excuses himself, as he's supposed to. I would've been all over his wrongdoing if there was any to report, but the only thing I can find is him being very open about hard issues (sometimes, he does get stubborn and aggressive about them, but it's only when something REALLY needs to be done).
I found him attached to a non-profit in this city once and was like, "AHA! GOTCHA!" But then I pulled the taxes and did some investigating only to find that everything was on the up and up and he wasn't making a dime from it. He's clean. I don't see how he could do this city any harm. Seriously, I'm open to any complaints about him. If someone has dirt on him that I need to know, please tell me and I'll be more than happy to retract any support from him; however, as it stands, there is no real dirt on Penman.
You people forget that Penman doesn't really have high political aspirations. He's been in his current position for nearly thirty years. He's not looking to use San Bernardino as a step-stool to climb out of here. He's settled. He just wants to do some good here. Let's give him a shot.
This incident will only serve to further blemish the Mayor's signature accomplishment, Operation Phoenix. On top of his recent support for a controversial low income housing project, it has the potential to create serious "buyer's anxiety" among many moderate voters who supported Morris four years ago.
Penman in a lycra, form-fitting suit...as I contemplate this mental image(ROFLMAO), I have to give my two cents on this situation. Being a relative newcomer to San Bernardino (11 years), I have watched Penman run for the offices of City Attorney and Mayor. This "leaked memo" is just another opportunity to show off his "crime busting" prowess. The chicken coop issue is another opportunistic event that Penman rushed to in order to save some poor, helpless citizens.
Hey! Everybody has to agree that we need to protect the young, old, and mentally ill.
Where has the lycra suit and frenzied actions of this self-proclaimed "watchdog" been since his last election in fall 2007? As I recall there were more frenetic "rescues" during each late summer and early fall leading up to election season.
Can't blame a politician for using a ruse that is successful but it's getting a little stale for entertainment purposes.
And no, I'm not a "Morrisite". Quite honestly I am so tired of what is going on in this city I can't decide who to vote for.
Would some kindly remind the council that Article 1 of the Bill Of Rights guarantees freedom of assembly and religion. Do these idiots really believe they can bully a church to keep people out?
If I were at that church, I would recommend an immediate law suit againt the City and Mr. Penman.
Penman is willing to destroy the church, the charter school, the pre school and OP just to gain a few votes. I don't think the voters will fall for it or tolorate it much longer.
As City Attorney isn't Penman SUPPOSED to be keeping the city from having lawsuits not creating them?
From http://www.meganslaw.ca.gov/:
"Legal and Illegal Uses. The information on this web site is made available solely to protect the public. Anyone who uses this information to commit a crime or to harass an offender or his or her family is subject to criminal prosecution and civil liability. Any person who is required to register pursuant to Penal Code section 290 who enters this web site is punishable by a fine not exceeding $1,000, imprisonment in a county jail not exceeding six months, or by both the fine and imprisonment. (Pen. Code, ยง 290.46, subd. (h)(2).) "
As a representative for this city should Wendy McCammack be harassing an offender for her own personal vendetta? She read a CONFIDENTIAL MEMO on television. She totally threw the offenders safety out the window. While he is an offender, our justice system already taken care of him. The SBPD already investigated this and determined he had done NOTHING wrong,but she couldn't leave it alone because of her hate for Pat Morris (and by extension Operation Phoenix). The offender should sue her personally and the city while he's at it.
I've seen new San Bernardians flock to the Penman "law and order" platform only to eventually find out that he will throw you under the bus to save his own a$$. I doubt even Wendy McCammack would be immune to this. Someday we (and I mean a figurative "we" cause I won't waste my time) will be scrapping her out from under the bus.
Keep in mind what your mother told you...you are judged by the company you keep.
The lot of you have lost your collective minds. The memo was not a confidential memo. It was listed as confidential information, which is was not. It was titled that in an attempt to hide political fodder. The really unfortunate part is David Rhone, a Pat Morris lover, ran this guy's background and knew he was convicted but hired him anyway. No one doubts a pervert can worship where they want, but not 500 feet within any facility that houses children's programs. Rhone and the pervert knew that. This is about a cover up, a botched PD investigation (cops took no notes) and now David Rhone has potential perverted blood on his hands. What kind of Christian is subjecting children to that man?
People are forgetting that this is the same place where the first incidents of molestation occurred committed by Miller who is awaiting trial. It is easy to pass judgment on Penman's actions when your children are not involved. If your child was in this program and a sex offender had access to your child, believe me, you as a parent would want to be informed. Isn't it standard procedure for schools to check backgrounds and to inform parents if something like this happens? Mr. Penman showed his passion for protecting our children. What I don't understand is how Morris and others appeared to want to cover up this incident. Maybe if they had been more transparent all of this mess could have been prevented.
The "guy" is there on Sunday and the kids programs are closed. I don't see the issue. Besides Rhone has said the "guy" hasn't been there in months. Just more grandstanding by Penman et all.
EVERYONE! Pay ATTENTION! Morrisites don't want the fact that a pedophile (not just a sex offender, but one who likes little kids) was at the same Operation Phoenix center that Mike Miller was at! Print up this blog and pass it around your neighborhood!
I don't give a $#!+ if Penman was paid a billion bucks to do the right thing and he did it. The point is that HE DID THE RIGHT THING! Penman had the parents notified because there may be kids who were molested who haven't been identified yet! Kids don't always come right out and say they've been molested! Shouldn't the concern be that kids came in contact with a known pedophile?! He was restricted some time AFTER a big deal was made about him being a pedophile! What about what may have happened BEFORE he was "restricted" there (yeah, like a pedophile will really listen to the rules of staying away from little kids!)? What if it were YOUR babies!?
WTF is WRONG with these people? Protecting the pedophile's right to be around little kids...SHEESH! I say Morris needs to STOP PROTECTING PEDOPHILES!
Hey Mr Mayor, thanks for taking my tax dollars and handing it to a Church that handed it to a sex offender to keep him close to the children of San Bernardino! Oh, and thanks for trying to sweep it under the rug and justify doing so with poor legal research. As we know, cheaters don't do their homework.
Hey Chief, thanks for blurring the difference between criminal culpability and civil liability. Please don't call out "disfunctional" when you are one of the chosen few in the loop. Oh, and thanks for misreading that statue, too! Comforting...very comforting.
Hey City Manager, Thanks for NOT including the office charged with the task of protecting the city from legal action! Atleast you said that you will keep the council in the loop next time...
For the slow readers, that was sarcasm. Here is the scary part: some people will actually vote to re-elect this mayor.
Hopefully, there are enough sensible citizens that realize when Penman tries to protect the city from potential liability and the children from a sex offender that is all he is really trying to do. I am glad he and his staff can research the law properly...and he has the heart to do something. Politically convenient? Yes, doing the right thing usually is.
Pope Paul,
Penman haters like you throw these tired and phony old accusations at the City Attorney every four years. The voters aren't fooled since they have re-elected him five times.
What may be more interesting to voters are the potential sexual revelations of former clerks and county recorders about another mayoral candidate.
Pandora opened a box and paid the price. Morris supporters should be careful about making the same mistake.
"Si Se Puede" Mr. Penman. Keep on doing the right thing. We depend on you and so do our children. Come November we vote you for mayor!
Somewhat Clintonesque. Wonder what goings-on were going on under the judge's robe I mean desk? Others in County government have spoken over the years about Judge Morris' indiscretions and one can only wonder.
Somewhat Clintonesque. Wonder what goings-on were going on under the judge's robe I mean desk? Others in County government have spoken over the years about Judge Morris' indiscretions and one can only wonder.
Pandora's Brother:
I'd LOVE to hear about his "indiscretions" if you'd like to share...tell me more.
Its frustrating, comical, and just plain shameful when you read some of these blogs and wonder what makes some of the authors tick. Since I am not going to respond to all the spin, misinformation, slander, and total bs in many of them I will pick a few and make some truthful comments.
One fool talks about former Chief Billdt using the term San Beanarnegro and others accuse him of coining the term. Furthest from the truth. The term has been around for a long time and has been used by many people around SB, many in the politcal world today and other professional people, ie judiciary, dentists, business owners, etc. While some will call it racist or bigoted it simply shows the frustration many have with the long time climate of SB with its blight and constant crime issues. I've even used it in jest while holding a conversation with others.
Have you ever wondered why a city like Riverside that is bigger but so close to Berdoo does not have the level of same problems that SB does and been honest with yourself? The answers are not hard and the solutions are not difficult but will never occur for a myriad of reasons.
Mr. Penman I believe has always had good intentions for SB since its his hometown and he takes pride in it as he should. His frustration with blight and crime is in line but he will have problems doing what needs to be done inpart because he will be dealing with liberals, the touchy/feely crowd, and other elements that will try to derail him if elected Mayor. But make no mistake there has been undermining and other shenanigans constantly going on in an attempt to derail Mayor Morris and make him look bad. Much of the information about Operation Phoenix, molestation, coverups, etc that you read is malarky and midnight quarterbacking.
Another thing comes to mind about Chief Billdt. Those who initially upset the applecart and tried to run the department via the POA have now lost twice in the 9th ciruit court of appeals. First a three judge panel and now the full circuit refused. Amazingly, I've seen nothing in the paper about this. I guess when one is lambasted repeatedly by malcontents that sells but being exonerated over what boiled down to constant lies and backstabbing doesn't.
Okay, Mr. or Mrs. Law Enforcement, as one who has been on the inside, there have been documented bonafide cover-ups by the Mayor via the PD for these Operation Phoenix situations. Cops don't want to withhold or manipulate the truth, but have been ordered to do so. Billdt could have done the right thing, but chose to be a "good soldier". Give him credit for that, but when does one's inner conscience take over? This is not malarky.
Now Here, Your claim of documented bonafide coverups is unsubstantiated and nothing more than orchestrated malarky. You come across as a reasonable individual and I will assume that, but implying Billdt did not do the right thing and lacks conscience in the matter just shows me you don't know him. Billdt has always been the victim of an orchestrated scheme initially started by some malcontents who were held accountable and then a POA who tried to run the department but have since turned it to ruins. The POA is broke, not only financially but ethically due inpart to its recent leadership and poor decisions. You want to talk about doing the right thing they could of long ago but were controlled and manipulated by some unsavory and vindictive individuals.