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Home My WebLink About25-City Attorney 1- , CITY OF SAN BERtORDINO - REQUEST QR COUNCIL ACTION From: . JAMES F. PENMAN Dept: CITY ATTORNEY Subject: GRAND JURY AUDIT Date: September 14, 1992 Synopsis of Previous Council action: Recommended motion: Discussion and possible action. Signature Contact person: James F. Penman Supporting data attached: Four pages Phone: 384-5255 1 - 7 Ward: FUNDING REQUIREMENTS: Amount: Unknown Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: 15.0t62 Agenda Item No. :J.. 5 1- CITY OF SAN BERtORDINO - REQUEST Q.R COUNCIL ACTION STAFF REPORT Attached, please find a copy of the September 9, 1992 letter from the Grand Jury, Mayor Holcomb's June 26, 1992 demand that I provide him with a copy of my June 19, 1992 letter to the Grand Jury and a copy of my response dated June 26, 1992. I need to respond to the Grand Jury's offer to select the audit firm to do the requested reviews of the change orders, City Attorney's office and the Executive Department. I respectfully request that the Council have the Grand Jury conduct all three audits. 75-0264 1_-- o o GRAND JURY 351 North Arrowheed Avenue. R~ 307. Courthou.e Sen 8emordlno. CA 92415-0243 . 17141387-3820 .;.3~'::~~b,~~~~~1:~;;~~~i'~m:~~~~1Il .~. -:-:.:7: COUNTY OF SAN 8ERNARDINO .~~:~~ y.. '-:i'~ ~...-"~,lot"..,,"~"''c. ",.:...,.' . ...,ir:, , ,~-/>i."! September 9, 1992 Mr. James F. Panman City Attorney City of San Bernardino 300 North "D" Street San Bernardino, California 92418-0001 Dear Mr. Penman: The Administrative Committee of the San Bernardino County Grand Jury has reviewed the concerns set forth in your June 19, 1992 letter. In light of the City Attorney releasing the above referenced letter to the public on June 26, 1992, the Grand Jury concludes a confidential examination of both the Executive and City Attorney offices would be difficult. In addition, because of the public debate, the complaint has become a highly politicized issue. For these reasons, the Grand Jury will not participate in an investigation of this complaint. If the City of San Bernardino wishes to conduct an audit of those complaints raised in items I, II and III, the Grand Jury would select an independent audit firm to conduct the investi- gation. It would then be the responsibility of the City to establish the focus of the audit, to negotiate the cost of the audit, and to pay for the audit. The Executive and City Attorney offices can be assured of complete impartiality in the selection of an independent audit firm. The Grand Jury would review the audit report in order to determine if further action would be required. Because of the pUblic awareness of the controversy existing between the Executive and City Attorney offices, the Grand Jury recommends the City of San Bernardino commit to the aforementioned examination at the earliest date possible. Sincerely, , , I ,. t .l. ~., / ~~..._...l~.".~ i tL , JOHN E. Foreman 1992-93 DUCKWORTH Grand Jury JED:ss ~ 1- ,. o o CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM OFFICE OF THE MAYOR TO: James F. Penman, City Attorney FROM: W. R. "Bob" Holcomb, Mayor SUBJECT: LETTER - GRAND JURY AUDIT DATE: June 26, 1992 COPIES: File I attach hereto, photocopy of the news article dated June 23, 1992. As the Chief Executive Officer and pursuant to the powers given me by the City Charter, I request that you immediately provide me with a copy of the letter referred in the article. If I do not receive the requested document by noon, this date, I will accept said action as refusal ~nA I will act accordingly. , ~/ . / / , (' ", '" ."f~."-- W. R. "Bob"'HOlcombi Mayor WRH:mv 1--, o Mayor's bid di ives questioned POLmcs . . . . The county grand jury is asked by the San Bernardino city attorney to look into how costs went up on two construction projects. By REBECCA FAIRLEY RANEY Sun Staff Writer JtiH Z 3 199Z SAN BEHNAHDINO - City Attornev .James Penman asked the cOUlity grand jury Monday to investigate ,,,,"hcther Mayor Bob Holcomb's directives violated bidding requirements on city con. struetion projects. The lelter outlined two cases in which projects went to bid without specifications. Then. uner low bids were ac- cepted. speci Iications were added at higher cost. Penman said. "The intent of the letter is tu see that public funds are being spent wisely and efficiently." Penman said. "I'm not accusin~ any individ- ual of any crime." J foJeomb was at a mayors' eonlcrcJ1cc in Houston on Mon- day and couldn't be reached. Penman said the /(rand jury is being asked to investigate the hidding process because requests for eXJlensive changes happen so frequently. In one case, the original con. tract fh,. storm drains and' a re- tention basin at !\lcl'chum Can- yon ("ailed for concrete and rip- rap at t he base. An ",nended contract took out I hose ~pt'('ifications. flut aller the contract was awu1"rll'd to Riverside Con.struc~ lion. the council received are. que!'>! to add the concrete nod rip- !'ap at an additional cost of $20,000, :1 - The letter alluded to "'\'L,,.,,I situations in which requests f(ll" new work Cflme from out or thL' hlue. "We're !lot at the point wl1l'I'l.' wC' can sav with pertaintv th'lt this is a problem." Penman said," "We don't know irthe low bid requirements are being l'irc.:ultl- vented or not." The letter was latt.'st \'oJ/t.\, ill a nurry of disagreements illl1C)Il,t: the mayor", coul1ei! members UIll! Penman. Earlier this month. voler:-: ap- proved a measure that g:iVl~S l'ouncil members the power to override Holcomb's exc-cutin' (h-- dsions. Penman's ol1icl' drafled tht.' ordinnncc. fn a meeting last week. Pen- man suggested the mayor could retaliate by innucncing- an up- coming audit of the ('ity atto!'- ney's office. \Vhen Penman told tOUlltil members about the lettel' Moo. day, the notion of politk..ll mo- tives came up immediately. Sixth Ward Councilwoman Valerie Pope-Ludlam said: "Jsn't all this a rc~ult of' .Jim asking for an inerease in his bud- get and us asking for an audit'!" Penman replied: "It has nothing to du with Illy budget." The letter does request II,,,, the grand jury conduct "n ind,'. pcnd{'nt audit of' tilt' ('ily allor- ney's ollice, Penman said. ur would express ('ol1('l"rn 0\,('1' whether a management stuct~. of' the city attorney's offi('e ('011. ducted by the m"yor's of'l'i"l' would be litir." ..J~h ;';;..J I;;JL I \ . . o o C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO: W.R. Holcomb, Mayor FROM: James F. Penman, City Attorney DATE: June 26. 1992 By memorandum of this date, you have demanded a copy of the June 19 letter that I sent to the Grand Jury. Complaints to the Grand Jury are confidential; and. inasmuch as this letter contains information of an ongoing investigation involving your office. I believe it is improper for you to make the demand that you have made. I have conveyed this information to your secretary, Sophie. and she advised me that despite this information you still demand the letter. Consequently, in deference to your authority as Chief Executive Officer of the City. I am providing you with this letter under protest. Your insistence on obtaining this letter is coercion in the worst extreme and will be reported. The media has already requested a copy of this letter, which I have refused to provide. By delivering a copy to your office. the letter is no longer confidential and is a publiC record. Consequently, there are no longer any grounds to deny the request of the media for a copy. ~/f. ,%:~--~t-/~ ~ S . ENMAN / ity Attorney JFP/bg [Mayor.Mem]