HomeMy WebLinkAboutAS01-City Attorney
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San Bernardino
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OFFICI OF THE CITY ATTORNEY
JAMES F PENMAN
CITY ATTORNEY
October 17, 1994
Tom Minor, Mayor
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418
Dear Mayor Minor:
I returned to work this morning after two and one-half days of
vacation and administrative leave. For the first time, I saw your
letter of October 12, 1994, regarding a meeting with you and two
Council Members.
Your letter, marked personal and confidential, was distributed
to the press last week. Although I was orally informed that a
letter had been delivered to my office after 4:00 p.m. on October
12, 1994, I was not aware of the 4:00 p.m., Thursday, October 13,
deadline to respond stated in your letter.
I made numerous attempts to contact you by telephone 0"'.
Wednesday, Thursday afternoon, and Friday, both at your office and
at your residence, but you were unavailable until after the 4:00
p.m. deadline.
When you advised me on the telephone of the 4:00 p.m. deadline
and that it had passed, I told you that I wanted to See a statemeat
of the charges against me, I wanted an opportunity to confer with
an attorney, and I wanted a hearing.
,
You told ine that it was too late, that the deadline had
passed, and that you were going to proceed on Monday to act upon
the recommendations in the report.
I then advised you that I have a right to see in writing the
allegations against me, to confer with an attorney, and to have a
pearing before any action is taken on the report. I informed you
that you needed to get independent legal advJce since the law firm
you had brought in to advise as to whether there was a conflict or
liability on the City's part had advised that an investigation
should be done and that that firm was available to do it.
PRIDE --I
JFP/bg [l'Iinor.LtrJ IN PROGESS
300 NORTH D STREET. SAN BERNARDINO,
CALIFORNIA 92418.0001 (101)384-5'55
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TOlII Minor, Mayor
CITY OF SAN BBRNARDINO
October 11, 1994
Page 2
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I further suggested that you contact Attorney Allen Gresham,
whose advice I know you respect, to determine whether or not I am
entitled to a written statement of the charges, time to consult
with an attorney, and n right to a hearing.
Despite these requests, you have indicated that you will
proceed this morning to take action on the report.
You also advised me that you will be leaving the state on
Tuesday and leaving Councilman Ralph Hernandez in charge of the
City as Mayor Pro Tempore.
This letter constitutes a formal request that I be present~d
with a written statement of the allegations against me, time to
confer with an attorney, a~d a hearing on the allegations before
any action is taken by you or the Common Council this morning. I
am not requesting written notification of the charges as a legal
technicality. I have absolutely no idea of what- I have been
accused of or what this report contains beyor.is rumors I have heard,
what I have read in the newspaper, and what I have heard in Mr.
Hernandez's diatribes.
I again respectfully request that you confer with an
independent attorney with expertise in due process. I would hope
that you would select an attorney who you know and one who is not
working for the City or the Economic Development Agency.
From the manner in which the so-called "investigation" was
conducted, according to comments I have heard, premature action on
your part or the Council's part may be a violation of certain
rights of employees in the City Attorney's Office as well as the
rights of others,
Thank you for your consideration.
Yours very truly,
J, k
cc: Kay & Stevens
JFP/bg [Minor.Ltr]
OFFICE
o
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CITY OF
San Bernardino
octotNlr 17, 1994
FOR IMMEDIATE RELEASE
OF THE MAYOR
TOM MINOR, MAYOR
City of San Bernardino
PHONE: (909) 384-5133
TOM MINOR
MAYOR
During the months of July, August and September 1994, the City of
San Bernardino, through the Law Firm of Kay and Stevens, conducted
a sexual harassment investigation of City Attorney James Penman.
During the course of the investigation, five sexual harassment
claims were alleged. Three of those claims were substantiated.
The investigators interviewed thirty-five witnesses, including
former and current City employees, as well as non-city employees.
Although city Attorney James Penman was invited to participate in
the investigation, he declined to do so.
At the conclusion of the investigation, the investigators suggested
twelve recommendations for the City to take in order to effectiv~ly
stop and prevent the existence of: (1). A hostile work environment,
(2). Any "gyj,g pro QY.Q" harassment and, (3). Any retaliation for
opposing harassment.
The City Council is currently considering the recommendations of
the investigators.
300 NORTH
CALIFORNIA
(9 0 9) 3 8 4 . 5 1 3 3
D STREET, SAN BERNARDINO,
9 2 4 I 8 0 0 0 1
FAX . (909) 384.548 1
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