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HomeMy WebLinkAboutS01-Council Office . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . From: Councilman Rikke Van Johnson Sixth Ward Subject: Use of City Resources for Political Purposes . Dept. Council Office Date: September 15, 2005 Synopsis of Previous Council Action: Recommended Motion: . 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: . Agenda Item No. 5---/ .r~ _ / ,Q _....,~ < , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . STAFF REPORT USE OF CITY RESOURCES FOR POLITICAL PURPOSES . 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. .