Friday, October 29, 2010

From In The News: Schwab V Cortes Both No Vote

The San Bernardino County Sentinel
Friday, October 29, 2010
Smoking Gun Emerges In Cortes/Miller Matter

Indisputable evidence that councilwoman Bea Cortes was responsible for initiating the San Bernardino County district attorney’s office’s inquiry into Jim Miller surfaced this month.
It has previously been reported that in 2008 Cortes worked in concert with then-acting city manager Steve Berry to spark an investigation into Miller, who was then her colleague on the city council. Miller was later charged with a violation of state conflict-of-interest law for voting with the rest of the council to approve the consent calendars that were part of the agendas for the council meetings that contained affirmation of payments made to the Grand Terrace City News, a publication owned by Miller’s wife, for municipal legal notices that ran in that newspaper.
Prior to the district attorney’s action, Berry was being considered as a permanent replacement for long time Grand Terrace city manager Tom Schwab, who had hired Berry as his second-in-command in 2002. Schwab was felled by a subdural hematoma in June 2008, prompting the council to install Berry in the interim manager’s post, and he appeared to be the odds-on favorite among the 28 applicants to replace his mentor. But in the wake of the district attorney’s office’s action with regard to Miller, Berry found himself under increasing scrutiny and criticism. When members of the city council learned in July 2009 of Berry’s efforts against Miller, they announced that he had been deleted as one of those under consideration to succeed Schwab. The discontinuation of Berry’s candidacy for the post was opposed by Cortes, who had grown extraordinarily close to Berry. When Berry’s cooperation with the district attorney’s office in targeting Miller was publicly revealed, members of the community questioned Cortes about her knowledge of Berry’s action and involvement with it. At a council meeting in the fall of 2009, she asserted that she supported Miller, which elicited catcalls and other expressions of derision from the public in attendance.
Statements emanating from the other members of the council, together with published reports, gave indication Cortes had been instrumental in the district attorney’s action against Miller. Cortes repeatedly denied having a hand in the matter.
In March 2010, the popular Miller was forced to resign his council position as a consequence of the controversy over the city having purchased advertisement in his wife’s newspaper.
Cortes’ involvement in Miller’s political demise, along with reports that she had engaged in an affair with San Bernardino County District Attorney Mike Ramos, a married man, significantly undercut her popularity in Grand Terrace and has earned her the enmity of a contingent of that city’s residents. That discontent has carried over into a growing political effort during the current political season, as Cortes is now seeking reelection to a third term on the city council. While she was elected handily in 2002 and reelected by a comfortable margin in 2006, several of those intent on denying her reelection in 2010 have undertaken an intensive research of the public record for any information relating to Cortes.
Meanwhile, some members of the Grand Terrace community, including Cortes’ supporters and others of no particular political leaning, have asserted that absent any tangible proof that the councilwoman was actively militating against Miller, Cortes should be given the benefit of the doubt.
Late last week, the Sentinel was provided with documentation from the district attorney’s office to establish that Cortes was undeniably at the center of the effort to have Miller investigated, prosecuted and removed from office.
The Sentinel now has in its possession the copy of an email Cortes sent to assistant district attorney Jim Hackleman dated October 23, 2008 which reads: “Mr. Jim Hackleman, Please review a possible conflict of interest on the 1090 requirements by Grand Terrace Council member Jim Miller. Documents were left with DA Mike Ramos this afternoon (10/23/08). Respectfully, Bea Cortes Grand Terrace Council Woman”
The 1090 reference is to California Government Code Section 1090, which pertains to financial conflicts of interest relating to governmental officials.
Cortes declined an invitation by the Sentinel to comment on the matter.
The email to Hackleman is augmented by another document obtained by the Sentinel, an undated typed statement from councilman Walt Stanckiewitz. According to Stanckiewitz, on January 26, 2009 he had a meeting with Steve Berry between approximately 2 and 3 p.m. to go over the city council meeting agenda for that week. “Steve mentioned that a complaint had been filed with the SB County DA concerning Jim Miller approving payments to the Grand Terrace City News which was an ethics violation,” the statement reads.
According to Stanckiewitz’s statement, he again met with Berry on “February 23 or 24, 2009” to discuss the upcoming council agenda. “During our discussion of the agenda for the Council meeting Steve gave me an update on the status of the investigation of Jim Miller. He believed that things looked good and he told me that he was in contact with someone within the DA’s office and he was trying to push the investigation along. He also informed me that another member of City Government (Bea Cortes) was working her contacts through County political channels to keep the investigation moving.”
Stanckiewitz’s statement further relates that on May 26, 2009 there was a “visit to my home by Council Member Bea Cortes following a city council meeting.”
According to Stanckiewitz, “Bea came to my home to talk of her frustration with the retirement package that the council agreed to give to Tom Schwab. As this was my wedding anniversary, we were toasting with vintage wines. She was insistent that the release to be signed by Tom would include wording that he would not speak negatively of the City, the Council or anyone at City Hall. Some time during the evening Bea told both me and my wife Monique that she was the person who filed the complaint against Jim Miller with the DA. We talked about the fact that there were others who shared responsibility for Jim’s 1090 violation. The ads had been running for some time and they had been placed by Tom Schwab and Steve Berry who were both aware of Jim’s position on the Council. She agreed and expressed a desire for all of this information to become public to expose Tom Schwab for the ‘dishonorable’ man that he is. I told her I doubted if that would happen. Tom was retiring and it would not make a difference. She still insisted that this information had to come out. She was very emotional and vocal about this subject.”

End of Article:

The Email to the Assistant DA is posted below in the blog. The added detail explains the rift between Cortes and Schwab. In addition it shows that the Action to get Miller, started by Bea Cortes carrying the file to the DA's Office and putting it on the Desk. Her knowing it was on the DA's Desk and then tellling the Assistant DA to go get is is bold. What isn't clear yet is what was Schwab's or Berry's directions on handing in the file? Was the case to be held if needed or investigated immediately?
This action by Bea Cortes, was during a time Mr. Miller began to ask the tough questions about CBH just prior to Mr. Schwab's medical emergency. Was it at Berry's or Schwab's Direction that the Miller Issue be put on the DA's Desk. Clearly Berry was in the position to manipulate the opportunity he thought for his advantage, after Schwab had his medical problems. Most information suggests that Cortes was woking in tandum with Berry by this time after having a rift with Schwab.
Anyone who thinks the truth is going to come out of any of the Schwab Era Past Council Member, current or past other than Walt Stanckiewitz, is fooling themselves. No one associated with his past administration and management can be trusted. That includes his citizen supporters, and folks who have been appointed during his administration, in particular those who are running during the same election he is.

Voters Please Vote
Stanckiewitz - Sandoval - Robles
let the Public have a run at running the government of GT
let's retire the "Old Guard" once and for all
Let the New Era Begin
In GT