Lots on the line for Dumanis in South Bay

See Robert Brewer story below the Dumanis story.

Embezzlers of school booster club funds and PTA funds have been prosecuted all around the county, but  two separate embezzlements at Castle Park Elementary (where I taught) were not prosecuted. They occurred within a period of eight years.  The second incident involved $20,000 held by the PTA.  The PTA president was arrested, then let go almost immediately and never prosecuted.  Was this crime kept quiet so as not embarrass Cheryl Cox and her fellow board members?

Lots on the line for Dumanis in South Bay
By Aaron Burgin and Katherine Poythress
SDUT
JAN. 11, 2013

...Since 2007, only one case lodged by the unit against an elected official has resulted in criminal punishment. Former Encinitas Councilman Dan Dalager was fined $1,000 in 2011 after he pleaded guilty to a misdemeanor conflict of interest charge stemming from accepting deeply discounted appliances from a store owner, then voting in the owner’s favor in a dispute with the city. His case was prosecuted after the transaction was exposed by The Watchdog...[Dalager is conservative]

Allegations of corruption at Sweetwater schools stretch back as far as the 1980s, when officials were accused of misappropriating lottery funds, attempted bribery and the unauthorized sale of computers to schools in Mexico. These allegations ultimately led to the fall of then-Superintendent Anthony Trujillo and started the political career of Jim Cartmill — one of the officials accused of corruption today...

Slater-Price accepted free tickets while dispensing grants to the opera and the Old Globe Theatre. After The Watchdog revealed she failed to report the gifts on state forms, she was given a $2,000 administrative fine in 2010.

Slater-Price’s beneficiaries were charities, not for-profit companies. And prosecutors in South County are gathering evidence of quid pro quo arrangements. But Carlos said the parallel of taking entertainment while giving government largesse is there.

“It’s the same conduct,” Carlos said. “It’s crazy. If it is illegal for someone, it should be illegal for everyone. Apparently, however, that is not the case.”...

[The same could be said for the entire $200,000 yearly slush funds that supervisors used to award themselves to be used to give to the non-profits of their choice. They got plenty in return, including lots of free publicity.]

Salas said while she doesn’t believe the case is a conspiracy, she hopes Dumanis’ public integrity unit will probe other school districts.

“We are a very diverse community, and we are way beyond that type of thinking in California and San Diego,” she said, “but it seems to me that the kind of problems that we are facing here are something that his happening countywide, and there does seem to be an extraordinary focus on South Bay.”



Robert Brewer

Leslie Devaney's and Dan Shinoff's endorsements of Robert Brewer can be found HERE.

“I have had the great privilege of knowing Mr. Brewer for over 30 years. He is an outstanding individual who is the consummate professional who treats everyone he deals with with great respect and always is a person of tremendous integrity. The County would be most fortunate to have Robert Brewer as District Attorney.”

--Daniel R. Shinoff
STUTZ ARTIANO SHINOFF & HOLTZ

I imagine Mr. Shinoff is quite incensed at Bonnie Dumanis for indicting his clients Manuel Paul, Bertha Lopez, and others at Southwestern College, Sweetwater Union High School District, and San Ysidro School District.

Of course, it's sort of strange that Dan Shinoff feels he has to muzzle a retired teacher in order to protect his own reputation as person of integrity. (See my San Diego Education Report blog posts re Stutz v. Larkins.) Does Mr. Shinoff really think that people who have worked with him for years will think his ethics are questionable just because of something I say? Haven't these people already formed an opinion?  They probably know him better than I do.  Most of the facts that I discuss have been published in newspapers, or at least in court documents, and few people read my websites, anyway. Why does Mr. Shinoff see me as a threat to his reputation?

Bertha Lopez and Manuel Paul indicted, and, surprisingly, a white male Republican: Sweetwater's Jim Cartmill

Sweetwater Union High School District board
Back Row (Left to Right): Jim Cartmill, Dr. Ed Brand, superintendent, John McCann
Front Row (Left to Right): Bertha López, Arlie N. Ricasa, Pearl Quiñones

I am shocked. Bonnie Dumanis' Public Integrity Unit has indicted a white male Republican. Jim Cartmill has learned the hard way that he can't count on Bonnie anymore. But the D.A. has spent years going after people in the South Bay that Jim Cartmill wanted to destroy politically, so he should man up and pay the piper.

After Being indicted, former CVESD trustee Bertha Lopez (currently on the Sweetwater Union High School District board) said she has nothing to hide. In fact, she has been covering-up crimes at Chula Elementary School District for over ten years, along with CVESD board members Pamela Smith and Larry Cunningham. Teachers were pressured to perjure themselves to conceal the wrongdoing of Bertha and her fellow board members. The board included Pat Judd and current Chula Vista mayor Cheryl Cox.

The Union Tribune has long been a fan of Bertha Lopez.

Regarding Bertha Lopez:

"According to court documents, a contractor paid for Lopez and eight guests to attend an award ceremony hosted by the YWCA in 2009, which she did not disclose on state-mandated forms. She and her husband were also at Morton’s with Amigable and Paul, according to court documents, and she failed to report the meal on state forms."

3 more indicted in South Bay corruption probe
San Ysidro superintendent is among the new targets of the DA's investigation
Aaron Burgin
UTSD
Dec. 31, 2012

A probe into corruption among South Bay school leaders has widened to include another district, with indictments against three additional officials.

Manuel Paul

A grand jury has indicted San Ysidro School District Superintendent Manuel Paul and Sweetwater Union High School District board members Jim Cartmill and Bertha Lopez, according to a criminal defense attorney who represents all three.

Two other Sweetwater school board members were charged a year ago, along with a former board member and former Superintendent Jesus Gandara.

Attorney James Pokorny, who represents Paul, Lopez and Cartmill, said the grand jury has indicted them on multiple felony and misdemeanor counts including perjury, filing false documents, accepting gifts and bribery. He said they maintain their innocence.

“My take on this is that DA believes that they can target people in the community that have given their energy and lives for betterment of students and that they can topple these people and cripple them from running for office ever again,” he said. “Knowing the people the way that I do, I don’t buy what they are accused of, and I don’t think a jury will either.”

The District Attorney’s office declined to comment on the case.

Pokorny said he received a letter from the District Attorney’s office notifying him that his clients had been indicted, but has not seen the full indictment. He said that Lopez faces 19 felony and misdemeanor counts, Cartmill faces 10 counts and Paul faces six.

Paul admitted in a June deposition in an unrelated lawsuit that he had taken $2,500 in cash from a contractor seeking work from his district. He said the handoff in the parking lot of a steak house was a campaign contribution for a school board member.

It is not clear if the indictment stems from that incident, which has been under review separately by a federal grand jury.

Paul’s name has already appeared in some documents related to the Sweetwater corruption investigation, in which prosecutors are alleging meals, sporting events, plays and other considerations were exchanged for multimillion dollar construction contracts.

Paul and his wife, for instance, are listed in court documents as guests at a $1,700 meal at Morton’s steakhouse in July 2008 hosted by contractor Henry Amigable.

Other guests included three of those facing charges in Sweetwater — Gandara, former board member Greg Sandoval and current trustee Pearl Quiñones. They have all pleaded not guilty.

Amigable pleaded guilty to a misdemeanor in May and is cooperating with county prosecutors.

Lopez and Cartmill largely stayed out of the fray as their colleagues were charged a year ago, although Lopez’s home was raided a year ago and she has been questioned in connection with the case.

“The district attorney is doing their job and I don’t have anything to hide,” Lopez said the day of the raid. “That is the bottom line.”

According to court documents, a contractor paid for Lopez and eight guests to attend an award ceremony hosted by the YWCA in 2009, which she did not disclose on state-mandated forms. She and her husband were also at Morton’s with Amigable and Paul, according to court documents, and she failed to report the meal on state forms.


Update Jan. 16, 2013:

I found another white male Republican that Bonnie has indicted. The case is discussed in this article about the bizarre and unsuccessful prosecution of Steve Castaneda:

HIGH STAKES IN CORRUPTION PROBE
DA aims to regain credibility after unsuccessful prosecution while South Bay figures fight stereotypes
By Aaron Burgin & Katherine Poythress
U-T
JAN. 12, 2013

...Since 2007, only one case lodged by the unit against an elected official has resulted in criminal punishment. Former Encinitas Councilman Dan Dalager was fined $1,000 in 2011 after he pleaded guilty to a misdemeanor conflict-of-interest charge stemming from accepting deeply discounted appliances from a store owner, then voting in the owner’s favor in a dispute with the city. His case was prosecuted after the transaction was exposed by The Watchdog. A lot is riding on the outcome of the latest cases, also sparked by initial reports from The Watchdog about the relationships between contractors and officials in South County...

Kathleen Sterling will not seek another term on the Tri-City Healthcare District's Board of Directors

"Tomorrow, August 15, 2012 is the last day for any registered voter who lives in the District to qualify for the board and to file a ballot statement. It is not necessary to go to the Voter Registrar Office in San Diego rather just go to Tri City Medical Center administration ask for Teri Donnellen, Clerk of the Board, she will be able to assist with the necessary papers with the filing deadline."

See all Tri-City Healthcare posts. PRESS RELEASE

KATHLEEN STERLING WILL NOT SEEK ANOTHER TERM ON THE TRI-CITY HEALTHCARE DISTRICT’S BOARD OF DIRECTORS
August 14, 2012

Today, I’m announcing I will not be seeking another term asa member of the Board of Directors of the Tri City Healthcare District’s Medical Center. To my constituents, the hard-working, dedicated employees and medical staff, it’s been an honor, and graciously, I thank you foryour continued support and opportunities to serve you.

During the November 2008 election, I promised to serve on the Board with honor, integrity, and commitment to my constituents, and I pledged transparency with the business of the District. Both oaths have been kept, even under the arduous conditions set against me by a compromised Board that was guided by a General Counsel and CEO who prevented me from attending and participating in Board meetings.

As your elected representative, I work for you. You’ve chosen not to lodge a recall against me. Nonetheless, the current members of the Board continue to allocate public funds and resources to silence you and your elected representatives, while they make important healthcare decisions behind a shroud of secrecy. Each closed session decision made by this compromised Board should be nullified and voided for their action was taken without full and equal representation of the complete board of seven members. They’ve violated the pledge and oath of office that I have relentlessly fought to uphold. I’ve lived up to my promises. I have consistently voted “no” on all measures to give bonuses, salary increases, and pension benefits tailored for the CEO Larry B. Anderson. I have pushed for all contracts to be competitive through a qualification or proposal process. I have spoken out in support of quality healthcare and reporting, including medical staff compliance with continuous quality improvement, and full compliance with federal and state laws. I have provided constituency services to meet your healthcare needs.

For over two years, the compromised Board has done everything possible to silence me instead of answering pertinent questions about the people’s business. I’ve been badgered, threatened, harassed, intimidated, and insulted. I have lost indemnification and other constitutional privileges of the office held. I have been barred from serving on any Board committees, and deprived of access to the Medical Center and its records. My constituents have lost their rights to have contact with me, despite my public office. The compromised Board and CEO have repeatedly falsely accused me of misconduct through outright lies, innuendos, hearsay, and baseless censures.

I’ve refused to accept any district attorney “plea bargain” for this Board’s false charges. San Diego courts continue to rule in my favor, as the compromised Board continues to file unprecedented baseless lawsuits against me. Your taxpayer money is being spent frivolously by this Board, which appeals all court decisions despite the fact that I have been repeatedly vindicated.

After two years of delays, I will finally have my day in court on September 10, 2012 at the Vista North County Superior Court to answer the last remaining charge filed by the District Attorney’s Office of Public Integrity based on this Board’s false accusations. I look forward to standing before a jury of my peers, family, friends, (non) supporters, on-lookers, and media to bring forward the truth.

I intend to carry on the fight for transparency and integrity within the Tri-City Healthcare District as a private citizen. I am proud that District hospitals are now on the radar, with increased media interest and investigations into conflicts of interest. We’ve even seen the California Legislature and State Controller show interest with the District Hospital’s CEO salaries, benefits, and pension plans, as hospitals districts are filing for bankruptcy.

If the public wants affordable healthcare, then the public needs to get actively involved. I encourage every voter to attend Tri-City Healthcare District Board and committee meetings, and follow what is taking place and how your tax dollars are being spent. Together, we can demand access to the public records, speak up about issues of concern, and ensure that Board and committee meetings are conducted in compliance with law.

Tomorrow, August 15, 2012 is the last day for any registered voter who lives in the District to qualify for the board and to file a ballot statement. It is not necessary to go to the Voter Registrar Office in San Diego rather just go to Tri City Medical Center administration ask for Teri Donnellen, Clerk of the Board, she will be able to assist with the necessary papers with the filing deadline.

It is my greatest hope the voters of this District will cast informed votes in the upcoming election, voting out the incumbents, and voting in candidates who will stand up for what is right: it is imperative that we preserve our community hospital.

Bonnie Dumanis' Public Integrity Unit goes after another Mexican-American (current target: San Ysidro School District)

Manuel Paul

UPDATE: Manuel Paul indicted, along with Bertha Lopez and Jim Cartmill.

So far, Bonnie Dumanis' Public Integrity Unit has always acted on behalf of Republican officials.

Is it because Republicans in San Diego have more integrity than Democrats? Clearly not. Republican Mayor Dick Murphy planned the deal that earned San Diego infamy as "Enron by the Sea." But the only people charged by Bonnie Dumanis in the secret pension deal were employees, not officials.

The District Attorney is very selective about her public official targets.

With one exception, they are all from Greg Cox/Cheryl Cox's district (South Bay), and they are always Mexican-American (or assistants of Mexican-Americans), and they are all Democrats (except for one Republican Mexican-American who had the temerity to run against Cheryl Cox). The one exception is Kathleen Sterling, a North County Democrat.

Former Superintendent Lowell Billings of Chula Vista Elementary School District covered up crimes, and seems to have padded his pockets.

Superintendent Says Cash Exchange was for Campaign
By Wendy Fry
Aug 4, 2012
NBCSanDiego

The superintendent of San Ysidro school district said in a June 20 deposition that he accepted $2,500 in cash from a contractor in 2010 in the parking lot of the Chula Vista Butcher Shop, a South Bay restaurant that has since been renamed the Steak House.

The superintendent of San Ysidro schools said in a June 20 deposition that he accepted $2,500 in cash from a contractor in 2010 in the parking lot of the Chula Vista Butcher Shop, a South Bay restaurant that has since been renamed the Steak House.

San Ysidro schools superintendent Manuel Paul said the money was for a campaign contribution for board member Yolanda Hernandez.

“It was cash given to me by Mr. Loreto Romero,” Paul said. “He gave me cash for campaign posters for Mrs. Yolanda Hernandez.” Paul later added the amount was about $2,500.

Hernandez did not respond to multiple requests for comment made over several weeks. Loreto Romero concurred with Paul’s description of the cash exchange, saying the money was a political donation. When pressed, Romero admitted he was hoping to compete for a construction management contract with the school district at the time the money was dropped off.

A donation from Romero does not appear on any campaign finance forms available on the San Diego County Registrar’s website for Hernandez and the county campaign services supervisor confirmed Friday that no amendments have been made or filed recently. Even if the money was a political donation, San Diego State political science professor Brian Adams said exchanging that much cash breaches state campaign finance laws.

“For cash, it’s $99 for what you can receive. Everything else has to be in a check,” said Adams, who has written a book on local and state campaign finance laws. Paul’s deposition was taken as part of a lawsuit brought by Chula Vista-based Manzana Energy, a solar panel company suing the district for breach of contract. The approximately $18 million services contract would have allowed the school district to purchase solar power from political consultant Art Castañares’ company, Manzana or EcoBusiness Alliance - another business name for Manzana.

Under the deal, San Ysidro agreed to buy power generated by the panels from Manzana Energy over 25 years for a flat fee of $18.9 million. Manzana was to pay $16 million to buy and install the panels, which would have generated about 70 percent of the schools’ power needs. School district officials estimated at the time that the deal would save San Ysidro $10.5 million in energy costs over the 25 year life span of the contract.

The equipment was supposed to be installed in early February 2008, but not one panel had been put into place when the contract was terminated in October 2011. Because no panels were installed, no district funds were ever spent on the endeavor. Castañares’ is building a case that his contract was terminated because he refused to “pay to play.”

In the deposition, Paul said he took the cash from Romero to a business in Tijuana to make posters for Hernandez’s election campaign.

“That’s completely illegal. And it’s very clearly illegal,” said SDSU professor Adams, who said that all campaign cash must be deposited into a campaign account and then expenditures made from that account to promote transparency.

“You can of course amend your form and that does frequently happen with candidates who make mistakes, but the initial mistake is still there and they can still be fined for that. Also, what’s typical in these types of cases is the money has to be returned. Now, I don’t know if they’ve returned the money, but it is very likely they will be required to return the money to the contributor.”

San Diego County District Attorney Bonnie Dumanis is prosecuting six current and former officials in the neighboring Sweetwater school district for their role in what she has described as a pervasive and systemic “pay to play” atmosphere. Dumanis said the Sweetwater officials traded their votes on key contracts in exchange for Lakers tickets, Halloween costumes, expensive meals and other entertainment.

In an email statement in response to questions about the 2010 cash exchange, Paul wrote:

“We are in the middle of litigation with EcoBusiness System I am not willing to discuss anything relative to pending litigation. Apparently your interest involves information you have learned from a deposition. I am surprised that you would have a deposition that has not been filed in court in your possession. That being said, I believe that there are ulterior motives by parties to this case which relate to an effort to pressure an improper resolution. That will not occur, and I will not allow my position to be used for such a purpose. I must respectfully decline your request to go camera. I believe that the issue you have discussed with others in my office has been completely obfuscated. I believe the proper reporting regarding campaign contributions have been made."

NBC7 asked Paul why he was collecting campaign money on Hernandez’s behalf, as he is not listed as her campaign manager or treasurer in disclosure forms, but he has not yet responded to that question.

During the Fall 2010 cash exchange in the parking lot, San Ysidro schools was accepting bids for construction on a new school, Vista Del Mar. According to Paul’s testimony in the deposition, companies who competed for the contract included: Echo Pacific, Barnhart Balfour Beatty, Erickson Hall, GI Construction Management, Seville Construction Management and HAR Construction Management, a company headed by Loreto Romero’s brother, Hector.

Erickson Hall eventually won the contract.

The San Ysidro school district consists of seven schools serving about 5,200 students in kindergarten through eighth-grade, along the U.S. border with Mexico.

Source: Superintendent Says Cash Exchange was for Campaign | NBC 7 San Diego

Tri-City boardmember George Coulter, accuser of Kathleen Sterling, turns out to have a background of moral turpitude

George Coulter
Also see San Diego Education Report articles on this story.·








George William Coulter - Elected Board Member, Tri-City Healthcare District - Criminal & Civil Record & Testimony
by Kathleen Sterling
June 22, 2012

Tri-City Boardmember (elected 2008-2012) Mr. George Coulter (Phony Ph.D.) - Convicted of Moral Turpitude ~ Theft / Larceny ~ Burglary ~ Domestic Violence ~ Unlawful Detainer Judgment ·

On May 31 and June 1, 2010 before the Honorable Judge Michael Kirkman, Department 22 held Preliminary Hearing for People of State of California vs Kathleen Sterling where discussion about Tri-City Healthcare District Board Member George Coulter took place before Deputy District Attorney Leon Schorr of the Public Integrity Unit under District Attorney Bonnie Dumanis, and as my representative, Public Defender Sherry Stone, placed on the record what was discussed with Judge Kirkman in his chambers. ·

The following excerpts are taken from the Reporter's Transcript taken on May 31, 2011 and June 1, 2011, Preliminary Hearing Transcript "PE Transcript, pps. 2-6, lines 5, 9, 14, 15, 16 " ·

Ms. Stone: Your Honor, the prosecution is calling George Coulter. He's one of the percipient witnesses to count one [Penal Code 86 - Felony] as well as count two [Government Code 87100 - Misdemeanor]. . . . Mr. Coulter has a prior Misdemeanor Conviction for Penal Code 272 . . . . It's a crime of Moral Turpitude. ·

The Court: It was a Penal Code 272 matter, and then there was another matter, a Penal Code 484? ·

Ms. Stone: Yes, Penal Code 484 and Penal Code 459. ·

The Court: [The relevancy]". . . could be utilized for impeachment purposes of the witness... I understand that there is a subsequent matter that occured ... related to domestic violence that counsel wished to address? " ·

Ms. Stone: Yes, your Honor. How much detail would the Court like me to go into? ·

The Court: You'd indicated that there was a Domestic Violence related matter and that there was actually some contact, some physical violence; is that right? ·

Ms. Stone: That is correct. . .

[Continued HERE]

FORMER COLLEGE OFFICIALS’ HOMES SEARCHED BY D.A.

Come one, Bonnie. Your Public Integrity Unit looks more and more like its involved in political payback. You never go after corrupt white Republicans. This is all starting to look less like a campaign against corruption and more like legally-sanctioned dirty tricks campaign in support of your political friends.


FORMER COLLEGE OFFICIALS’ HOMES SEARCHED BY D.A.
Wendy Fry
March 20, 2012

CHULA VISTA — District Attorney’s investigators executed search warrants Tuesday morning at the homes of two former elected officials at Southwestern College.

Investigators retrieved pictures, computers, cell phones and documents from the Chula Vista home of former college board President Yolanda Salcido, 54, and the Jamul residence of former trustee Jorge Dominguez, 63.

Teams arrived at each person’s home around 7:30 a.m. Affidavits justifying the searches for a judge are expected to be unsealed within a week.

The D.A.’s office is gathering a case alleging that South County elected officials accepted thousands of dollars worth of gifts, entertainment and meals in exchange for votes on millions of dollars of construction contracts under voter-approved bond programs.

Dominguez and Salcido could not be reached for comment.

The D.A.’s office declined to comment on the investigation, beyond confirming it is in the midst of a broadening corruption probe. Homes of seven other people connected to the college and the Sweetwater Union High School District were searched in December.

A 41-page affidavit used to gain approval for the prior round of searches mentioned Salcido 19 times, alleging she went to meals at the expense of contractor Henry Amigable, who has since pleaded not guilty to bribery charges.

The document says Salcido accepted $960 in meals in 2006 and 2007 from Amigable, a business development executive who worked at Gilbane Building Co. and then Seville Construction Services.

For example, according to the D.A.’s documents, Amigable treated a Sweetwater schools official and his wife, along with Salcido and Southwestern administrator John Wilson, to an $802 meal on Feb. 24, 2007, at Baci Ristorante in San Diego.

The affidavit lists several such meals at which Amigable picked up the tab for Wilson and Salcido before Nov. 18, 2009, when the college board adopted Wilson’s recommendation to grant a $2.7 million contract to Seville Construction Services. The contract was terminated in January.

“Amigable was instrumental in Seville Construction Services being awarded the Proposition R program management contract at Southwestern College due to his close relationship with SWC board member Yolanda Salcido and John Wilson,” the affidavit says.

Regarding Salcido specifically, it adds, “Her dating relationship with Wilson during this critical time frame and Wilson’s relationship with Amigable and SCS clearly appear to be a conflict.”

Amigable’s attorney, Dan Greene, emphasized that none of the entertainment was billed to taxpayers, and all of it was routine business expenses approved by superiors at construction firms.

“These were business expenses, or in other words, part of the anticipated cost of doing business,” Greene said.

The other former board member whose home was searched, Dominguez, is mentioned twice in the previous affidavit, in reference to two $2,000 political contributions he received from Seville Construction Services.

An internal Southwestern probe released last week found that Seville donated $30,000 to Salcido’s failed re-election campaign.

San Diego County District Attorney Bonnie Dumanis charged four current and former Sweetwater school officials in January, and they pleaded not guilty to corruption charges. No charges have been forthcoming regarding the Southwestern bond program.

In the November 2010 election, she lost her college board seat to challenger Norma Hernandez, the college’s former president. Dominguez lost his seat to Tim Nader, a former Chula Vista mayor.

When doctors rely on attorneys who lie: Tri-City Healthcare attorney contradicts her own witness

Bonnie Dumanis' Public Integrity Unit seems to be confused about who the perpetrators are when it comes to bribery at Tri-City Hospital:

...On April 25, Elsner said, she received a call from the former intern, again asking for information. Elsner said she told her that it was not a good time to contact her because she was going through personal and financial issues, including a car that needed the engine replaced, which would cost $3,000.

“She said, ‘Charlie could help you out, right?’” Elsner said. “And then Charles said, ‘Of course. All we need you to do is talk to these people and tell them what you know about Sterling.’”

Elsner said she did not accept any money. She said she told her story to District Attorney’s investigators, who took no action on a Tri-City complaint against Sterling regarding the incident. The DA’s office declined to comment...

Paralegal says Tri-City report is wrong
She balks at hospital's version of events involving board member Kathleen Sterling
Aaron Burgin
SDUT
Nov. 17, 2011

Oceanside — In making their case that elected Tri-City Healthcare District board member Kathleen Sterling should remain excluded from closed session meetings for the rest of her term, administrators cited what they considered traitorous activity.

At a meeting last month, Tri-City attorney Allison Borkenheim offered a sworn affidavit saying that paralegal Linda Elsner informed district officials that Sterling in 2003 or 2004 divulged confidential information to her law office, which was suing the district.

In response to the report, the public hospital board voted 5-1 to keep excluding Sterling from closed session, where issues such as CEO Larry Anderson’s performance and the strategic direction of the hospital are discussed.

The Watchdog contacted Elsner to verify Tri-City’s statements. Elsner said Tri-City officials misrepresented what she said — that she specifically told them Sterling shared only public information.

“How can they get away with this?” Elsner said. “How can they say I said these things and put them out as fact when I didn’t say them?”

Tri-City officials declined to be interviewed and issued a statement that they stand by Borkenheim’s affidavit and the belief that Sterling divulged confidential information to Elsner...



COMMENTS

Heather Sterling
The integrity unit fails in integrity... My guess, they forgot they are supposed to protect the innocent and go after the perpetrators. Diverted tactic's, out-right lies, and evaded truths have made for a very frustrating year and a half! Who is the DA working for, Tri-City?


Leon J. Page
I hope that the San Diego District Attorney investigates Allison Borkenheim for perjury.


Randy Horton · San Diego State University
Tri-City heavily relies on lies as one aspect of its overall strategy to divert and distract from the truth of what is really going on. It believes that if lies are repeated often enough, soon the public will swallow them, hook, line and sinker. Tri-City may be world-class at maintaining superficial appearances, but it sorely lacks anything substantive. Tri-City routinely buries its dirty laundry in closed sessions, even though dirty laundry is public information!


Heather Sterling
Charlene, Your arrogance is enormous! At the board meetings, you act like a 3rd grader on a play ground... teasing, insulting, poking fun at your fellow board members because your daddy is the school principle and he rewards your behavior with goodies.

Charlene, What happened with the investigation by the Attorney General against you? You know the one... the one you thought Larry Anderson initiated against you because of his connection at the board of registered nursing? The investigation regarding multiple missing narcotics which were for the many patients you cared for during your grave yard shifts? Who was paying for your legal representation?...
http://www2.dca.ca.gov/pls/wllpub/WLLQRYNA$LCEV2.QueryView?P_LICENSE_NUMBER=461728&P_LTE_ID=828


John Greenman
Heather, let's not lower ourselves to their level. Keep a cool and level head about this. I understand your frustration and salute your passion, but remember that this will come out in the wash.
It appears that Anderson's revocation may have been stayed and her license is now probationary.
The smartest thing to do at this point would be to publish the PUBLIC information regarding the license status from the state's PUBLIC website to as many outlets as possible. Consumers will then be able to make an informed choice when deciding whether to visit a location where she may be employed.


Charlene Anderson
My license is not revoked Heather.

Maura Larkins
Charlene Anderson, I am curious. What was the action taken today by the Board of Registered Nursing? The only thing on the public website is this:
Disciplinary Actions
Public documents relating to this action are available here: http://rn.ca.gov/public/rn461728.pdf
...November 18, 2011 Revoked/Stayed/Probation
Why don't you make the decision public? I can see how someone would read the above and think that your license had been revoked. You say it was not revoked, so I guess that leaves "Stayed/Probation." What does that mean? Please be forthcoming. And please take your own words to heart: "So what is it? Give us the evidence"!

Okay, I think I understand now. Your license was revoked, but the revocation was stayed. And you were placed on probation. Do I have it right?
Add a Reply...


Brett Peterson · University of San Diego School of Law
Tri-City is ridiculous. This board member was elected. She was voted in by the public and she works for the public, not Tri-City. Only the public can "fire" her (through recall or voting her out of office). This is akin to all of the Democrats or Republicans in Congress trying to fire each other or exclude each other from working because they believe the other side is wrong. Tri-City, just let the democratic process work.


...Charlene Anderson · Oceanside, California
Tri City is not hiding dirty laundry as Mr. Horton states. Sterling is responsible for her behavior, unbelievable as it is, her behavior comes from her. We are simply trying to do business around it. Mr. Horton keeps insinuating that there is some hidden agenda by Administration or the Board. So what is it? Give us the evidence of what you say we are hiding behind the diversion of Sterling's behavior. These conspiracy theories you two have cooked up either independently or together don't hold water. I'm sure you both think they began in...Orange County perhaps? Randy why don't you speak at meetings? Why don't you participate? Why do you share closed session information illegally?

Another bizarre prosecution by Bonnie Dumanis: the conflicts on the Tri-City Hospital board have spilled over from civil court to criminal court

See all posts re Tri-City Healthcare.

The Public Integrity Unit in the San Diego district attorney's office may have been officially disbanded, but the same names (Dumanis and Leon Schorr) are popping up in a bizarre new prosecution that seems every bit as political as two notorious Chula Vista cases. The Public Integrity Unit was embarrassed by the acquittal of Chula Vista councilman Steve Castaneda and the strange case of a Chula Vista employee who was charged with five felonies for taking two hours off work.

"...[A] local law professor said Sterling's alleged vote-swapping deal in late May closely resembled what occurs in Washington, D.C., every day. He cited an example of congressional Republicans refusing to support presidential initiatives until after tax cuts were extended. What is the difference, the professor asked, between this very public vote-swapping and what Sterling said in the restaurant?"


OCEANSIDE: Sterling pleads not guilty to felony charge
By PAUL SISSON
North County Times - Californian
December 16, 2010

Tri-City Medical Center Director Kathleen Sterling pleaded not guilty Thursday to a felony vote-swapping charge in Vista Superior Court.

On Nov. 19, the San Diego County district attorney's office charged Sterling with soliciting a bribe and a misdemeanor count of wrongful influence. She appeared, as scheduled, for arraignment Thursday, represented by a court-appointed attorney.

Stating that the hospital director was not considered a flight risk, Deputy District Attorney Leon Schorr did not request bail. Sterling is scheduled for another administrative court date Jan. 3.

Sterling declined to comment on the court proceedings during the hearing. Later in the day, her colleagues voted 4-1, with Director Cyril Kellett abstaining, to again censure Sterling. This time, the censure regarded statements Sterling made at a hospital meeting Dec. 4. Those statements included suggesting that fellow board members "take the brown shirt and wear it" after they accused her of, and censured her for, calling board members "Nazis" at a previous meeting.

On Thursday night, board members called for Sterling to resign in light of the censures and felony charge.

Sterling said in a telephone interview Wednesday that she's not going anywhere.

"I'm not going to resign," she said. "This is nothing more than political bullying at its highest. Why not find out what is really underneath all of it?"

In court, Schorr, the deputy district attorney, said it was Sterling's statements at a May 26 dinner meeting with two fellow board members and a hospital administrator that led to the felony charge against her. Hospital Director George Coulter, board Chairwoman RoseMarie Reno and Casey Fatch, the hospital's chief operations officer, testified at a public hearing July 15 that Sterling offered to support unspecified future board business in exchange for being made vice chairwoman of the hospital board and chairwoman of the hospital's Human Resources Committee.

"Both positions have elevated personal power on the board and result in personal financial benefits," Schorr said in court. "Ms. Sterling's demands were offered in exchange for procedural votes on board matters."

If convicted of a felony, Sterling would no longer be able to serve on the Tri-City board.

Schorr said the misdemeanor charge of undue influence relates to a vote Sterling made during a formal sanctions hearing July 15. At the hearing, the board voted to strip Sterling of the stipends she received for attending hospital meetings. Sterling voted against that item even though the board's attorney told her she could be breaking a law that forbids elected officials from influencing decisions that could affect them financially.

"Ms. Sterling disregarded the advice and voted on issues that had a direct economic impact on her," Schorr said.

After the initial complaints against Sterling were filed, a local law professor said Sterling's alleged vote-swapping deal in late May closely resembled what occurs in Washington, D.C., every day. He cited an example of congressional Republicans refusing to support presidential initiatives until after tax cuts were extended. What is the difference, the professor asked, between this very public vote-swapping and what Sterling said in the restaurant?

Standing in the hallway outside the courtroom Thursday, Schorr declined to comment on the workings of Congress...

Bonnie Dumanis' Public Integrity Unit was a joke

See all Bonnie Dumanis posts.

The DA's Power to Disappoint
Jan 5, 2010
Voice of San Diego
By KELLY THORNTON

Part three of a five-part series.
...Former Deputy District Attorney Dave Stutz, once a friend and supporter of Dumanis, said he quit because she blocked his efforts to investigate and prosecute corruption.

"Her political unit was a joke," he said. "The Castaneda case probably cost a million dollars and never got off the ground. She has done nothing in seven years in office in that area."

Stutz said he became disillusioned soon after Dumanis took office in 2003 and appointed him to do corruption prosecutions. He cited as the last straw a case he tried to build against a county supervisor whom he suspected had illegally received campaign contributions from an Indian tribe.

In a Feb. 3, 2004 grand jury proposal obtained by voiceofsandiego.org, Stutz outlines a case of potential campaign finance violations by the supervisor and asks permission to proceed.

"She stopped that investigation," Stutz said. "Before I called or interviewed anybody I had to let her know ahead of time. I've been doing this for half a century, and I'm not going to do that." Stutz resigned after that, about 14 months after Dumanis took office.

Dumanis denied Stutz's claims, saying this of her old friend: "Dave Stutz is a big critic, but he's been a critic of everyone. He was a big supporter ... I don't know" what happened to sour him, she said...

Note to Ms. Dumanis from Maura Larkins: A lot of people were big supporters, Bonnie, when you first campaigned, including me. Then we found out you were very different from what you advertised.



Sleaze Saga
By Don Bauder
Sept. 4, 2003
San Diego Reader

...In 1966, a Los Angeles- based federal organized-crime strike force began investigating police corruption, particularly cozy relationships with bookmakers. The strike force was interested in whether Alessio's Mexico-based bookmaking operation had connections with Las Vegas. Russell Alessio, one of John's brothers, was convicted of interstate gambling in support of racketeering. The U.S. attorney in San Diego was Ed Miller, and a major investigator was an Internal Revenue Service agent named David Stutz, now a deputy district attorney. Another key investigator was Richard Huffman, now a Fourth District appellate court justice.

The investigation eventually focused on Yellow Cab, a company that shortly before had been part of Smith's empire. After discovering how Yellow Cab was laundering political donations, Stutz concluded that it was the tip of the iceberg: Under Smith's direction, political contributions were being laundered by writing them off as business expenses.

By 1970, the strike force was assembling a case against Smith and several other San Diegans for conspiracy to violate federal tax laws and the Corrupt Practices Act. Republicans, led by Smith, were raising money in $2000 chunks for Nixon. Charlie Pratt, head of Yellow Cab, said he could not personally afford a sum that large. So it went on Yellow Cab's books as an expense. The $2000 donation was changed to a sum of $2068. "Pratt added $68 to represent the year 1968," recalls Stutz. "If it had been 1969, it would have been $69." The expense was supposed to be for a $2068 wage-and-salary study conducted by an advertising agency controlled by Smith.

After Nixon won the 1968 election and assumed office in 1969, Miller was replaced as U.S. attorney by Harry Steward. "Steward was a buddy of C. Arnholt Smith," recalls Miller, and was appointed by Nixon on Smith's recommendation, says Stutz...



C. Arnholt Smith

Their Interests Are Interlocked
By Joe Deegan, San Diego Reader, July 14, 2005
The Jerry Sanders campaign website currently touts a favorable poll conducted by national pollster Fairbank, Maslin, Maullin and Associates. A link on the site says that the Sycuan Band of the Kumeyaay Nation "released" the poll as an independent survey.
This information did not surprise Dave Stutz. In September 2003, when he was a deputy district attorney, he investigated Sycuan's campaign contributions in the 2002 election cycle.
Stutz, who retired from the district attorney's office a year ago, cut his teeth in campaign law enforcement in the late 1960s when, as a federal agent, he investigated the political money scandals of C. Arnholt Smith, John Alessio, and Yellow Cab.Sycuan's activities in the 2002 election were brought to Stutz's attention by a friend in the registrar of voters office. Examining California secretary of state records, the friend noticed that Sycuan had donated $8000 to San Diego County supervisor Bill Horn. "You can only give $500 to a candidate in a county election," says Stutz. "So when my friend called Sycuan and told them their donation was illegal, they said they made a mistake. The next day they filed an amendment, and now the $8000 didn't go to Bill Horn, it went to a pollster named Competitive Edge."
"I was the district attorney's investigator for campaign law," Stutz continues. "Bonnie Dumanis got elected and made me the man." Stutz took a look for himself at the secretary of state's records. And there he saw not only the money that went to Horn but $15,000 Sycuan said it donated to Bill Kolender's reelection campaign for sheriff.
"So I called Competitive Edge to see the bills," he says. The president of the company referred Stutz to the company's lawyer, who said he would not release the information. " 'You can't tell the district attorney you won't answer questions,' " Stutz says he replied. " 'We'll find a way to make sure you do.'
"One day I called Sycuan and asked a tribal vice president, Adam Day, about the $15,000 check to Kolender. 'That would be in excess of what the law allows you to donate,' I told him. 'Oh, it must be a mistake; I'll get back to you,' Day said. That was eleven o'clock in the morning," says Stutz. "Two hours later I got called into Bonnie Dumanis's office and was told to stop the investigation.
"At this point Stutz was also looking into a political-campaign complaint that San Marcos councilman Lee Thibadeau had filed with the district attorney's office. Thibadeau alleged that Home Federal Corporation had spent more than the city's $3000 campaign-contribution limit to pay for Competitive Edge polls used by two San Marcos city council candidates and one mayoral candidate. Home Federal supported Mark Rozmus, Pia Harris-Ebert, and Michael Sannella, politicians who favored a higher building density on Home Federal's 1920-acre residential development, San Elijo Hills.
"I am not antidevelopment," Thibadeau tells me by phone. "But I did fight the way the one huge developer of San Elijo Hills was throwing its weight around in our community.
The day after the 2002 election, so it wouldn't seem only like campaign rhetoric, I complained to the district attorney's office about how the developer's candidates benefited from the so-called independent expenditures that purchased the polls.
"What Thibadeau calls "independent-contribution coordination" is a common practice in political campaigns in San Diego County, he says. The coordinator in the San Elijo Hills case, he maintains, was political consultant Tom Shepard.
Shepard not only promotes development projects for Home Federal but also managed the Rozmus, Harris-Ebert, and Sannella campaigns.
"But my complaint to the district attorney's office didn't get far," Thibadeau says, "because they told us that we didn't have strong enough penalties on the books in San Marcos to make pursuing the case worthwhile.
"But Dave Stutz never entirely abandoned the campaign cases. "The problem is," he says, "that going over campaign-contribution limits is only a misdemeanor. But conspiracy to break campaign laws is a felony. Up in San Marcos, Tom Shepard had a client who is Home Federal. Tom Shepard also has three people running for office who are clients. So right now the triangle is Home Federal, Tom Shepard, and the politicians running for office. Their interests are interlocked.
"When a candidate runs for office, one of the first things he needs is a poll," Stutz continues. "Can I win, and if so, what are my strengths, what are my opponent's weaknesses? Standard stuff, but expensive -- $10,000, $15,000. If you, the corporation, pay for a poll and give it to the political consultant for your candidates, it's the same thing as making a contribution. Except that you're saying it's independent, and it's not independent. And since the money exceeds campaign-contribution limits, it's a crime. Well, that's what they did."Stutz says that in the spring of 2003, he and several other people in the district attorney's office persuaded Bonnie Dumanis to reconsider the investigation into Sycuan's excessive contributions to the Kolender and Horn campaigns. To look into those cases and the similar one in San Marcos, Stutz then convened a grand jury, which eventually produced a report. But in the meantime, Stutz retired from the district attorney's office. Several months ago he called his old colleagues in the department to ask how the investigation was going. He was told that it had been dropped again."But the grand jury report is still there in the office," says Stutz.
Tom Shepard is currently managing the Jerry Sanders campaign for mayor.
When I told Stutz about Sycuan's Fairbank, Maslin, Maullin and Associates poll on the Sanders website, Stutz remarked, "Two to one it will show up [in Sycuan's reporting] as an independent expenditure."


Harry Steward ordered IRS agent David Stutz to lay off his investigation of Barnes-Champ.