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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: Councilman Rikke Van Johnson
Sixth Ward
Subject:
Use of City Resources for
Political Purposes
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Dept.
Council Office
Date: September 15, 2005
Synopsis of Previous Council Action:
Recommended Motion:
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That in order to assure the taxpayers that City resources and funds are not
being used for political purposes, the City Council shall file a formal complaint
with the Public Integrity Unit of the District Attorney's office requesting an
investigation of Mr. James Penman's use of City resources for political purposes
in violation of Penal Code Section 424 and Government Code Section 8314,
and; furthermore, that the District Attorney's office prosecute to the fullest
extent of the law any violation.
/ilA.1J~~ tMl
Signature '
Contact Person: Councilman Rikke Van Johnson
Phone:
5378
Supporting Data Attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriDtion)
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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STAFF REPORT
USE OF CITY RESOURCES FOR POLITICAL PURPOSES
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The California Constitution and a variety of State Statutes make it clear that city resources,
the taxpayer's money, cannot be expended for political purposes. Such use of city
resources does not serve a public purpose and is absolutely illegal. Penal Code Section
424(a) makes it unlawful for a city officer to use public resources for his own political
purposes, and Government Code Section 8314 makes it unlawful for a city official to use
public resources for his campaign activities. The misuse of public resources not only
prohibits the use of actual city dollars for political purposes, it also prohibits the use of
anything of value belonging to the city for political purposes such as equipment, supplies,
compensated staff time, and the use of telephones, computers, and fax machines etc.
It is clear, that based on Mr. Penman's conduct over the past several weeks, Mr. Penman is
using the city's resources, compensated staff time and city equipment, including
computers, telephones, and faxes, for his own political purposes as he campaigns for the
office of Mayor. Mr. Penman's unauthorized and illegal use of city resources for his
political needs is a gross violation of the public trust and in direct violation of the law. As
the elected city officials responsible for the city's budget, we have a duty to safeguard the
taxpayer's dollars and to ensure any illegal use of public resources is not allowed to
continue.
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