Police chief: SBPD to continue investigation of alleged memo theft without City Attorney's cooperation
Andrew Edwards and Stacia Glenn
Staff Writers
SAN BERNARDINO - The investigation of allegedly stolen city documents will continue despite City Attorney James F. Penman's announcement that he and his employees will not submit to interviews with city police, police officials said Wednesday.
"Varying levels of cooperation are common in any criminal investigation," Police Chief Keith Kilmer wrote in an e-mail Wednesday. "So we will proceed forward, hopefully without any interference or obstruction, and conclude the case in a timely manner."
The documents at the center of the investigation were either lost or stolen from a City Hall restroom. An undisclosed party delivered the documents to the City Attorney's Office.
An unknown party distributed the memo to the City Council on Sept. 21.
Penman contends the theft investigation is a smokescreen to distract the public from the memo's revelations.
The city attorney also said that despite the fact that the memo was marked confidential, it should be treated as a public record since it was addressed to a city manager's staffer instead of a law enforcement officer.
In the document, Kilmer reports that a registered sex offender performed work near the same city youth center whose manager was arrested on suspicion of child molestation in July 2008.
Kilmer concluded that police detected no violations of law related to the sex offender's working arrangements.
Mayor Pat Morris Morris said Tuesday there is video evidence of a city attorney's staffer carrying what may be the memo.
Penman said the mayor's version of events is not correct, and that the documents were lawfully delivered to his office. He also said he forwarded the materials to the District Attorney's Office.
"That shows I was going to an outside agency," Penman said.
District attorney's spokeswoman Susan Mickey confirmed this but would not comment further.
The documents included a memo, authored by Kilmer, that summarized the Police Department's inquiry into the presence of a registered sex offender who performed work at a church that is the site of a city youth center.
Southern California experts in local government said Penman may have a point in his contention that a noncity agency should handle the investigation.
Kilmer and City Manager Charles McNeely also said in interviews that the theft investigation is a routine case for city police.
"It's a fairly straightforward investigation, and we conduct all investigations involving city employees. We're quite capable of doing it," he said. "If there comes a time when it's prudent to turn it over, or if it's requested, we would consider it then."
Police are investigating the alleged document theft as the Nov. 3 mayoral election looms. Kilmer said he hopes the probe can be completed by that date.
Penman is running for mayor and charges the probe is a political stunt instigated by his electoral opponent - incumbent Mayor Morris.
"If he thinks I did anything wrong, he should turn it over to the (California) Attorney General," Penman said.
Penman also said he is willing to cooperate with investigators from the San Bernardino County District Attorney's Office.
He said the investigation should be handled by another agency since the City Charter empowers the mayor to recommend the hiring and firing of police chiefs.
Jim Morris said the decision of whether another agency should handle the investigation is not the mayor's call.
"It's not our investigation, so we don't get to make that referral," Morris said.
Bob Stern of the Los Angeles-based Center for Governmental Studies also said Penman has the right to refuse an interview if he is not given a subpoena.
USC political science professor Ange-Marie Hancock said regarding the mayoral campaign that Penman's decision not cooperate with police could be politically risky.
"I can say from a political perspective, it's highly ironic, and it doesn't bode well for the candidate," she said.
Penman said he's not worried about appearing noncooperative since he gave the documents to county prosecutors.
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Andrew Edwards. E-mail Andrew here.
Step 1: subpoena Penman and staff
Step 2: arrest and prosecute staffer
Step 3: Recall Penman
There, I have personally solved all the problems in the city single handely (patting self on back and crowd cheering).
Victorville teacher accused of having sexual relationship with teen girl
By Stacia Glenn
Posted: 10/06/2009 06:52:48 PM PDT
A 28-year-old elementary school teacher in Victorville is accused of maintaining a sexual relationship with a co-worker's teen-aged daughter, authorities said.
Raymond Chow is behind bars at West Valley Detention Center in Rancho Cucamonga on suspicion of having unlawful sex with a minor and penetration with a foreign object. Bail is set at $100,000.
Sheriff's deputies were called to a Heritage Drive home Saturday by the parents of a 16-year-old girl who confronted Chow about the alleged relationship.
Deputies said Chow met the girl through interactions with her mother, whom he worked with at Galileo Academy Elementary School in Victorville. Chow was employed as an independent studies teacher.
A search warrant was served at Chow's home and several computers were seized. Authorities declined to reveal whether any signs of the relationship were discovered at the house.
The girl's parents recently became suspicious of the relationship and confronted Chow before calling the Sheriff's Department.
Yeah since it is apparent he won't be elected as Mayor and will most likely end up umemployed in two years when he isn't re elected as City Attorney.
I wonder if Penman needs help handing out flyers at his new "gig".
Since SAC started with the problem solving I feel the need to continue.
We can resolve the city budget woes by contacting The Learning Channel and have a reality TV show that focuses on our City Government. It already meets the disfunctional and drama criteria. We already have to live with it so we might as well profit off of it since it is running this city into the toilet. It is harmless - its not like anyone will get divorced over it and we have plenty of childish antics to entertain the viewers.
Mr. McNeely, get on the phone! Sign those badly behaved elected officials up! We need the moo-lah!
MM: Mr. McNeely behaved badly when he did not inform the Council or the City Attorney about potential taxpayer liability. It doesn't seem to bother any of you. So who do you recall when the city has to pay out hundreds of thousands of dollars because of their bad behavior? The Mayor, City Manager and Police Chief. This is all about getting Penman out with lies and inuendo, not the facts. It is unfortunate that you all are so gullible that you would believe this completely fabricated information and that if Pat Morris gets re-elected you will all have to live with your consciences. But Pat is banking on that. Do your homework. Penman has NEVER lied to this community. He cooperated with the district attorney and that is with whom he should have released this info.
OMG, you are assuming that I condone anyones bad behavior. I do not.
Mr. McNeely would be the person that could work with TLC. I didn't mention anyone other than Mr. McNeely by name.
They have all behaved badly with the exception of Rachel Clark - my opinion.
I never said Penman lied. Do you know how to read? I don't know if Penman has lied to the community or not. His behavior has not been good - just like everybody elses.
I don't believe I am gullible. I see politicians at the front of the council chambers so I expect no better than lies, deceit, and bad behavior.
My only wish this city could profit from it because we aren't getting anything else with these stupid, childish antics from EVERYBODY up there.
If you wish to support Penman go ahead. I haven't mentioned who I support. You assumed and when you assume....you can fill in the rest since you seem to jump to conclusions anyway.
Penman has good reason not to cooperate.
Please excuse me as I just fell off the pumpkin truck. I had not heard what Mr. OMG has stated. What is this about the new City Mgr having undeclared tax problems? You have got to be kidding me. Now tell me he is a Democrat too. After about a dozen (12+) or so B.H. Obama appointee’s that have the same political problems it appears that it is party wide. Is it the water they drink or do they truly believe they are above the law when it comes to paying their taxes? And…who is accountable for this fine selection of an individual? It couldn’t be our illustrious Mayor could it? I guess it is OK when they say birds of a feather stick together. SB Government just keeps on getting better (NOT). Hey Mayor, what other chickens will come home to roost before the elections? You have embarrassed this City and its residents beyond belief with your decision making over these past four years, and you want to continue? Sir, do you have a problem with anything you have done, decisions you have made during your term?
Seems pretty stunning that the city attorney would not co operate with a legal investigation. Isnt this the person who is supposed to keep us in compliance? I am truly baffled- how could the person charged with this city's legal responsibility not support investigating illegal activity?
Boggles the mind.
Rene,
You have missed the point. Penman has already given his statement to the District Attorney. It is the D.A., not the police department who will decide if a crime was committed.
Penman is not refusing to co-operate, that is the newspaper's view which is the Morris camp's twist on the facts.
The P.D. "investigation" is damage-control for Morris. Why didn't he tell the Council and the City Attorney about the second child molester at Operation Phoenix? Why didn't he notify Penman so Penman could know to prepare for the next lawsuit that will result from Pedophile 2 at Phoenix?
The memo "investigation" is media-spin.
Penman already "co-operated," already did the "right" thing when he turned the child-molester coverup document over to the D.A. and gave the D.A. his statement.
If the D.A.has more questions to ask, Penman said he would answer them.
Now, Morris and his police chief need to do the "right" thing and turn whatever they have over to the D.A. also. They will have to do so sooner or later. What are they waiting for? We know, don't we? The timing has to be just right, let's say about two weeks before, or the week before the election?
Yea, that should be the correct timing.
I haven't heard that anyone else is trying to interview Penman, including the SBPD.
Maria: you seem to be pointing out that those who keep looking like a fools from their spots up there get criticized. They should. Let's face facts, people like Shorett, Baxter and Brinker can't make any intelligent inquiries nor understand their notebooks. They look like real fish out of water so we are hoping at least Shorett and Baxter will just go do more fishing so we can get councilmen who understand what goes on down there. We need a real business minds, not people who say they have been in business for years. If Shorett for instance had really been deeply involved in business for years he would at least be asking common sense questions. If he had really done his homework and read the contracts he would not have voted for more low income housing in Arden Gutherie. He says to people if you only knew how wonderful it is going to be? What he has not done is his homework to understand that these apartments will be only for welfare families. That attracts gang bangers, as is the case all around town, even those that try to screen properly. Fred has not paid attention to the facts, but to what Morris and Brinker say. Even when he has his own thought, he gets chastised by Morris and Brinker for thinking on his own. I feel very sorry for him.
Let's Talk - you don't get it at all -
I was making a smart alek remark about the behvaior of ALL of the councilpersons not only Shorett, Baxter, and Brinker, and how the city could profit from a reality television show. At least Brinker, Baxter and Shorett stay in their seats. I find it rude that Kelley and McCammack, and even City Attorney Penman get up to wander the chambers while citizens are speaking their mind. Most of the drama is provided by Penman and McCammack.
I feel sorry for this city and the fact that these ADULTS can not put their hard feelings for each other to work together for the sake of the residents of San Bernardino.
M M,
Your last input: I know what you mean by those three and their wandering off. Kelley is the worst at it. Ultimate in RUDE! This last council meeting, I watched real logic tossed for some program or community center for "Mr. Rude"( Kelley), when Parks and Recreation, can't staff it, yet Brinker got dumped on with closing his center completely. I couldn't believe Ester and Rikke voting also to spend money on a new community center, they didn't have or McNeeley said wasn't yet established!!!!
Well Duuhhh!! S N A F U !!!!
I read Fred's campaign comment , and he registered the same comment of council persons spending one time money for on going programs and he mentioned the community centers, and how that is how the city is in the quagmire it is today, spending money they should have in reserve or money they don't have. I believe Fred is not for all those crazy grants the city tries to live off either.
Hey Fred, can you get our money back from Kelley and his 5th ward bunch, on the Kendall dr. fiasco??? Allmost $500,000.00???
With Arnett , bedding down with Kelley and McCammack on his support, makes me nervous on what that threesome have up their sleeves.
Fred, I had given up on you, but I just can't go with what seems to be happening. I wasn't happy with your vote on Arden Guthrie. That was really wrong. How can I be sure your campaign statement on the spending issue, isn't just that again???