Without Trial. DA Affects GT Council Representation

GT councilman resigns facing felony conflict charges

11:30 PM PST on Wednesday, March 10, 2010
By DARRELL R. SANTSCHI
The Press-Enterprise

PDF: Text of Jim Miller's resignation speech

The Grand Terrace City Council has a month to fill the seat vacated by Councilman Jim Miller's resignation or call for an election, City Attorney John Harper said Wednesday.
The council could appoint someone to fill the remaining two years of Miller's term, Harper said, or it could leave the seat vacant until an election in November.
Miller, 61, announced at Tuesday night's council meeting that he was resigning effective Wednesday in the wake of a felony conflict of interest charge he faces for voting to approve payments by the city totaling about $18,000 for legal advertisements in his wife's weekly newspaper.
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At the meeting, Miller admitted he should not have voted to approve the payments from Oct. 26, 2006 through Aug. 12, 2008 and that his wife, Margie, will return the money. He has contended that the newspaper was his wife's separate property.
Grand Terrace Councilman Walt Stanckiewitz, who criticized other council members for not publicly supporting Miller in the eight months since his arrest, said he has spoken to Miller about the circumstances of his resignation.
"He was given an ultimatum by the prosecutor," Stanckiewitz said. "'You resign by the next council meeting or we're going to trial.' The deal was, 'You resign. Then we'll talk.'"
The deputy district attorney prosecuting the case, John Goritz, declined Wednesday to comment on whether an ultimatum, or a plea bargain, had been given to Miller.
Goritz said he expects Miller's next court appearance to take place as scheduled on May 4.
Miller said by phone Wednesday that he was not pressured to resign, although "the DA had wanted me to step down and he wanted to do it so it didn't look like I was being pressured."
Miller said no plea agreement has been reached, but he expects "some type of agreement" by the time of his court appearance in May.
"I made the decision to step down," he said. "It's the pressure and the timing of things. It has been going on a long time and it was just a good time to go ahead and do that (resign) and let the city heal a little bit.
"We (the City) have other issues that are coming up," he said. "Mine is going to be another distraction. I just felt it was a good time to do so."
Stanckiewitz made an impassioned speech supporting Miller at Tuesday night's meeting, as did more than a dozen residents. Some asked the council not to accept Miller's resignation, but Harper said by phone Wednesday that is not a legal option.
There were signs at Tuesday night's meeting that others didn't know the resignation was coming from a councilman who had stated last August that he intended to finish his term.
"You surprised me," Councilwoman Lee Ann Garcia told Miller at the meeting. "I am speechless. I will greatly miss you. I do pray for the best for you and Margie and your family."
Councilwoman Bea Cortes said, "I do have respect for you and I am surprised."
"I know this has been hard for you, your wife, and the city," Mayor Maryetta Ferre remarked. "You have done an excellent job."

Reach Darrell R. Santschi at 951-368-9484 or dsantschi@PE.com


What Right Does the DA's Office Have to make the Voters Selection of City Council Member part of the Bargaining Chips in a Case Negotiation? This action takes YOU the VOTER's RIGHT to select your leader at risk. AGAIN the DA's Office is using Justice to play Politics. Unless they use the same standard of conduct for all current and past City Council Members and City Staff they have entered into a Political Action that is Dangerous and places the DA's Office and "Friends of the DA" in a position that is not acceptable in a Democracy or a Republic. Jim Miller may be thinking this is the best for him. HOWEVER this is not good for our government in general. DA's OFFICE HAS DONE THE BIDDING OF STEVE BERRY AND BEA CORTES.. Forced Miller off the Council.