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re. City Auditor


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Charter Reform

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The Real Jerry Sanders


Internal Audit
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I am not a crook


Managed Competition


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   Recent Blogs

We the voters? 07/21/08

More to SEDC scandal than Carolyn Smith's bonus. 07/17/08

Aguirre's new campain manager. 07/11/08

A further SEDC question for Mayor Sanders. 07/11/08

The real political battle is: city services vs. city pensions. 07/09/08

Kittle's irrational hatred of Aguirre has got to stop. 06/25/08

The Francis team unwinds after the election. 06/24/08

Is there corruption in the Grant Thornton contract? 06/22/08

No need for political parties in San Diego any more. It's now Ben & Jerry's Flavor "Imagine Whirled Peace",
06/19/08

City Attorney Mike Aguirre will appeal Blackwater. 06/16/08

Sanders' "critical priorities" are developers. 06/16/08

Progressive San Diego holds "Election Reflection" forum. 06/11/08

Donna Frye is hedging her bets. 06/09/08

City Attorney race - the result. 06/04/08

Mayoral race - the result. 06/04/08

Mayoral race latest poll. 06/03/08

Today's Grand Jury Report on CCDC puts Sanders $5 million "contribution" in perspective. 06/02/08

The absentee vote count will herald citywide results early. 05/31/08

State rights, city rights, citizen rights are what a U.S. court says they are. Blackwater's financial interests prevail
05/30/08

A Mayor-appointed City Auditor would close the doors of City Hall to the people, further alienating them.
05/30/08

Was Backwater one "ministerial" permit too many? 05/29/08

Did Blackwater buy their "vocational school" permit? 05/27/08

The Mayoral Race.
05/26/08

The City Attorney's Race.
05/26/08

The art of lying took a new twist last night - Sanders threw MacSweeney under the bus.
05/23/08

The Sunroad Timeline. 05/21/08

We are perilously close to being a police state. 05/20/08

The U-T endorses the "Big Lie" - pension amortization. 05/18/08

The City Council must resolve the impasse - no escape. 05/15/08

Jerry Sanders, the banker, goes to Wall Street. 05/16/08

Will the unions move in for the kill, now that they have weakened Mayor Sanders? 05/14/08

Will it be business as usual at City Council today? 05/12/08

San Diego politics is not for the faint hearted. 05/11/08

Breaking down the mayoral vote - a glimpse of June 3rd. 05/07/08

The truth about City employees - there are more, not less. 05/06/08

Sanders' ship of state is on "a sea of troubles". 05/03/08

Mayor Sanders is risking public money for an aide. 04/29/08

The Mayor is not out of the wood on the "missing email". 04/29/08

Sanders' fox and the City's fragile financial chickens. 04/27/08

More foul language from this Mayor. 04/23/08

Aguirre introduces Goldsmith to the Debt Limit Law.
04/18/08

The missing email. Sanders has a decision to make. 04/19/08

The weekly feed at the public trough: my report. 04/16/08

Are pension benefits pension benfits? Dumb question. 04/10/08

Jerry Sanders is
Dick Murphy II.
04/09/08

A clear message from the SEC. 04/07/08

Kensington residents show the way. 04/03/08

The Friends of Jerry Sanders got a $1 million windfall. 03/28/08

Union-Tribune:
prime-time lies, buried retraction.
03/13/08

A look at Jerry Sanders new "Pension Plan" - Watch your wallets. 03/05/08

The truth is out: Peters lied.
02/28/08

Who will Wall Street listen to - Sanders or Francis?
02/27/08

Should the Mayor appoint the City Auditor?
02/23/08

The truth about that August 2005 closed Council session. 02/19/08

Peters will represent the unions if elected City Attorney. 02/18/08

San Diego is fast becoming a police state. 02/15/08

How "Public" is our "Public" TV station, KPBS? 02/08/08

An ongoing battle about who appoints the Internal Auditor.
02/06/08

Steve Francis speaks before City Council on Mayoral veto.
02/04/08

The Strong Mayor and Labor negotiations. 02/04/08

Hiding pension data may prevent access to markets. 02/01/08

Why we must have an elected City Auditor. 01/06/08

Democracy San Diego style.
01/09/08

High Noon - Monday at 6:00 PM - City Hall. 
01/13/08

Close encounters of the scary kind. 01/17/08

Donna Frye discloses her ambitions at Whitburn fundraiser. 01/19/08

Resolving our wildlands-urban interface problem together. 01/20/08

An Independent City Actuary is anathema to Scott Peters. 01/22/08

Marti Emerald: herald of change. Here comes the Troubleshooter. 01/25/08

I am now a Franciscan - a Steve Franciscan that is.
01/25/08

 

   

We the voters? 07/21/08

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                                           by Pat Flannery                           top^

Below I have created a series of graphs analysing the citywide voter registration in San Diego as of the June 3, 2008 Election.

Citywide total:



The first series of graphs shows the citywide voter registration broken down by party for each Council District and the second series breaks the same voters down by Council District for each party.

The map opposite shows the location of each Council District and below is the number of registered voters in each District.
 
District 1 99,147 17%
District 2 90,216 15%
District 3 68,924 12%
District 4 56,299 9%
District 5 82,243 14%
District 6 77,335 13%
District 7 70,078 12%
District 8 49,203 8%
Citywide 593,445 100%

Why do we have a Republican Mayor? What is wrong with this picture?
 

   
   

More to SEDC scandal than Carolyn Smith's bonus. 07/17/08

   
                                           by Pat Flannery                           top^

The history of two commercial lots on Market Street in South East San Diego, tell much about  how the insider system works in San Diego. Click on the picture opposite for a video .

 These particular lots were purchased by the current chairman of SEDC, Chip Owen, for $1.8 million on May 1, 2000 and resold the same day to SEDC,  for $2.3 million, an instant profit of a half million dollars. Not bad for one day's work without putting up any of his own money.

Chip Owen's secret half a million dollars profit on that day could not have happened without the cooperation of SEDC's President, Carolyn Smith. This insider cooperation has raised questions of conflict of interest if not outright fraud on other projects for example nearby Valencia Park.

Acting on a tip, the online newspaper Voice of San Diego, started an investigation into certain bonus payments made to SEDC President Carolyn Smith.

But here's where it gets complicated. On January 12, 2007, the present owners of one of the lots, Har-Bro Construction Company, purchased it from SEDC for only $300,000. Jim Waring, Sanders' former staffer, signed the grant deed. Sanders will therefore be reluctant to dig into Chip Owen's land deals for fear of other dubious land deals tumbling out of the closet.

I suspect the Voice of San Diego tip came from Councilmember Jim Madaffer. It is well known that Madaffer wants to be the Redevelopment Czar after he is termed out on the City Council this November. The creation of this position will require the scaling back of SEDC and CCDC. The firing of Carolyn Smith would serve nicely.

Sanders probably agrees, but has a different person in mind for the top Redevelopment job. His close staffer, Janice Weinrick, who lives with her boyfriend, the Mayor's favorite real estate broker, Lin Martin of Grub & Ellis, are Sanders' near neighbors in Kensington.

But all Madaffer needs is one year at that $250,000 a year Redevelopment job and then Janice Weinrick or some other faithful servant of the Mayor can have it.

You see, city retirement is a product of years of service and final year's salary. Madaffer is not about to retire on a percentage of his Council salary. If he can quadruple his salary just for one year he can quadruple his retirement for life. City employment is all about gaming the pension system. It's all they ever think about. 

So a deal will be worked out. It is how things are done in San Diego.
 
   
   

Aguirre's new campain manager. 07/11/08

   
                                           by Pat Flannery                           top^

I had lunch today with Mike Aguirre's newly appointed campaign manager, Steve Rivera. Currently Steve is Regional Director for the 21st District of the California Democratic Party.

Mr. Rivera expressed confidence that he can get his client, Mike Aguirre, over the finishing line ahead of his Republican opponent, Jan Goldsmith, in November. Click on the picture opposite for a video of his very first interview.

By contributing one of their best and brightest to Aguirre's campaign, the Democratic Party seems to be signaling its determination to hold on to the office of San Diego City Attorney for another four years. It now looks like this non-partisan race will be very partisan indeed.

Rivera looks like an excellent choice. He is bright, articulate, with a very winning personality. If anything he seems a little shy, but that is more likely to be part of his winning personality than a lack of toughness. He assured me that he fully understands the task he is embracing. "I like a challenge" he said. I assured him that he had found one and wished him well. I asked him if he was ready to do battle with Bob Kittle and he just smiled. His opposite number, John Hoy, Goldsmith's campaign manager, is a perfect gentleman compared to "bare-knuckles" Kittle.

But this is what we have all been waiting for; let the battle for the constitutional soul of San Diego begin - the law vs. an insider elite.
 
   
   

A further SEDC question for Mayor Sanders. 07/11/08

   
                                           by Pat Flannery                           top^

First, read this "Alternative Reality" story in the Voice of San Diego today, then read today's "Oversight Needed" editorial in the Union-Tribune. It is great that these two San Diego publications are competing with each other for the next Pulitzer Price in investigative journalism.

But here's the problem. I posted a comment to the "The People's Reporters" Cafe San Diego on the Voice Tuesday July 9, 2008, which was promptly taken down after less than an hour. As you can see, Ian Trowbridge's comment # 8 remains the last comment (mine was #9).

Why did the Voice censor my comment? I started by congratulating them on discovering the irregular "bonus" payments to SEDC President Carolyn Smith. Then I suggested: "now that you have the Mayor's attention" tell him about the $500,000 profit made by Chip Owen on May 1, 2000 when he "flipped" a property to SEDC. I provided this link.

I wrote a personal email to Will Carless questioning the removal of my comment but received no reply. I find that very strange. Why would Carless and Donohue not want to investigate the much bigger scandal of a $500,000 secret profit made by current SEDC Chairman Chip Owen? My hat is off to the Voice for going after Smith for facilitating Owen's dubious financial shenanigans, but why stop there?

I also provided the Voice with this link. Carolyn Smith wrote this letter to Jim Waring on July 11, 2007. Apparantly Waring had read my blog dated July 3, 2007 and had requested an explanation from Ms. Smith. Her July 11, 2007 letter did not explain the secret profit made by Owen nor why Waring later sold the Market Street property for $300,000.

Why in the world would the Voice of San Diego pull back on its investiagtion of Owen? Is it OK to go after a staff person, Carolyn Smith, but not her powerful boss, the SEDC Chairman Chip Owen?

I think both the Voice of San Diego and the Union-Tribune should stop their petty journalistic squabling and discover the truth about what is going on at the South East Development Corporation (SEDC). Now that they have the Mayor's (and the public's) attention, they should pursue this story with all the resources at their disposal.

Chip Owen, or any insider, should not have been allowed to make a secret profit of $500,000. Jim Waring should not have been allowed to sell 2.09 acres of developable city land for less than the price of a one bedroom condo. I will await the Mayor's explanation, even if the Voice of San Diego, "now that they have his attention", refuse to ask him.
 
   
   

The real political battle is: city services vs. city pensions. 07/09/08

   
                                           by Pat Flannery                           top^

I went to the regular monthly meeting of the Democratic Party last night that endorsed Mike Aguirre for City Attorney.

Click on the photo opposite for a video interview with Mike immediately after he received this important enorsement. Addressing the meeting before the vote was taken, Aguirre spoke passionately about "what is best for San Diego".

He said: "my opponent has spent a lifetime speaking, voting and working against what we care about. He opposed equal rights, wage earner rights and a woman's right to choose."

That seemed to hit a chord with the audience. Three people spoke in favor of Mike's endorsement. Nobody spoke in opposition. The vote was unanimous by a show of hands. Not one hand went up in opposition.

The local Democratic Party now seems to be united with Aguirre in what they both "care about". This is good news for those of us who care about "citizen rights". San Diego has a long history of rule by privileged insiders. Perhaps now the emphasis will be on "citizen rights" instead of "developer entitlements" and "pension rights".

One set of "privileged insiders" that did not turn up to protest Aguirre's endorsement last night was the city employee unions. They lost their long-time champion, Scott Peters, in the June primary election, in which the city unions were undoubtedly the biggest losers. Now the fight is between the left and the right: Aguirre vs. Goldsmith. An Aguirre/Peters contest would have been: the left vs. a pseudo-left.

Much will now depend on Lorena Gonzalez, leader of the San Diego-Imperial Counties Labor Council. Will she allow the San Diego City employee unions' tail to continue to wag the Labor Council dog? Only the firefighters IAFF Local 145 and AFSCME Local 127 belong to the Labor Council. The main bulk of City employees, represented by the MEA and POA, do not belong to the Labor Council. Why then does Gonzalez allow them such influence? They are not even paying into her organization! Maybe that will change now. It should.

If what "we care about" vs. what "they care about" comes to define the city elections in November, then it should be a nice clean fight between insider privileges vs. city services. Goldsmith is the champion of the insiders and Aguirre is the champion of the outsiders.

The defining moment will come when Lorena Gonzalez decides whether her Labor Council represents the insiders, the MEA, or the city taxpayers who look to the MEA membership for city services. Then the real political battle, city services vs. city pensions, will be joined.
 
   
   

Kittle's irrational hatred of Aguirre has got to stop. 06/25/08

   
                                           by Pat Flannery                           top^

Bob Kittle wrote this editorial in the U-T on Monday June 23, 2008 regarding the $10.5 million recovered by Mike Aguirre in four malpractice suits.  Nevertheless Kittle complained in his editorial:
"Had the City Attorney's Office handled the settlement negotiations itself, taxpayers would have collected the $3.1 million that was paid to the lawyers."

If Mike Aguirre had invented a cure for cancer Bob Kittle and the U-T would complain that he hadn't done it sooner. So I checked with Aguirre's Second-in-Command, Don McGrath to find out the truth.

McGrath told me that he had worked hands-on supervising these two fine attorneys, Bryan Vess and Dan Stanford, attending almost every court hearing and mediation. He told me that he had kept the City Council fully informed throughout the long and difficult legal process.

McGrath gave me an on-camera interview in his office on Friday, June 20, 2008. Click on the photo to see the video. McGrath anticipated that Kittle would do exactly what he did - slam him for recovering $7,166,458 for the City.

"This money has been paid over to Jay Goldstone and the City Treasurer for payment of other legal bills, pension deficit and any other City debt Mr. Goldstone and his department choose to retire." said McGrath. Not a word of thanks from Mayor Sanders or his joined-at-the-hip Aguirre-hating spokespersons, Bob Kittle and Fred Sainz.

Here is a letter to the editor published in today's U-T from one of the outside attorneys involved in the recovery, Dan Stanford. It says it all - with a little sarcasm - thanking Kittle "for staying positive".

"The view from a contingency attorney

Regarding “Regarding “Malpractice deals/Taxpayers lose a third to contingency lawyers” (Editorial, June 23):

No good deed goes unpunished. Thank you for your editorial congratulating fellow attorney Bryan Vess and me on our recent litigation successes that add over $7 million to the city's general fund. In times of such economic drought, it is good to see you focus on these positive results and the fact that the glass is two-thirds full.

These were difficult cases that required specialized expertise in professional malpractice, plus a track record and reputation in the field, which is not expected to be found in any city attorney's office. Not only did we agree to handle these risky cases, but we reduced our normal contingency fee and advanced all costs on behalf of our city.

The results demonstrate our experience and reputation, as well as our willingness to fight major, national law firms that hired multiple, major national defense attorneys. They billed and collected more than we have been paid.

Your thanks and gratitude for generating positive results in excess of $7 million is greatly appreciated, and it makes all the long hours of hard work and lost sleep over unsure outcomes and costs advanced worthwhile. Besides, we can only imagine the editorial you had in mind if the lawyers hired by the City Council had lost these cases and billed the city millions of dollars by the hour! Thanks for staying positive – and for your support!

DAN STANFORD
San Diego"


The cases involved were: Callan Associates and Gabriel Roeder Smith, $4,500,000 recovered, Caporicci & Larson, $900,000 recovered, Calderon, Jaham & Osborn $750,000 recovered, Vinson & Elkins $4,350,000 recovered, for a total of $10,500,000 recovered.

The outside attorneys took $3,133,333 plus $200,208, that left a net gain to the City of $7,166,458.
McGrath explained on Friday:

"I initially hired Heller Ehrman on an hourly basis, but received a very strong message that the City Council would not support hourly legal fees. Therefore, I presented the idea of a contingent fee arrangement to the City Council, which was agreed to in all instances unanimously by them."

There are pending cases against bond counsel Orrick, Herrington & Sutcliffe and Kroll attorneys Willkie Farr that could net the City tens of millions of dollars. No dount Kittle will complain about them too.

In a paroxysm of nastiness Kittle threw this piece into his editorial:
"As part of its wide-ranging investigation of Aguirre, the State Bar of California has subpoenaed city billing records of payments made to Vess and Stanford, and investigators have interviewed Vess. But the purpose of the bar probe is unclear."

What is he inferring? Besides, the State Bar does not divulge information on ongoing investigations. Either Kittle is lying or the State Bar has broken its own rules. Surely the former. There is no end to Kittle's hatred. It is abnormal. It is unnatural. And it must stop.

This State Bar investigation was instigated by Scott Peters who ran against Aguirre for City Attorney. Kittle rails against the city unions and their pension benefits but has done everything he can to help
Peters preserve their bloated pensions. What is in the water down there in Mission Valley that feeds the insane hatred that pours out of Bob Kittle and Chris Reed for Mike Aguirre? Whatever it is, it is irrational, it is evil, it is destructive and very, very bad for San Diego. End it. Please!
 

   
   

The Francis team unwinds after the election. 06/24/08

   
                                           by Pat Flannery                           top^

I did this post-election on-camera interview with Charles Gallagher, Steve Francis's campaign manager, on Monday afternoon, June 22, 2008. Click on the photo for the video.

I got a little "blind" sided by the window coverings. It seemed during the shoot that there would not be a backlighting problem, but there was. My apologies for the image quality, but the campaign insight makes the video worth watching.

Mr. Gallagher is a very likeable politico and would have been a refreshing change at City Hall. He loves to talk politics, without the slightest hint of ill will towards his opponents. He loves it all.

He had just returned from Rome where his sister is the Vatican correspondent for CNN. He told me he had been at the Vatican the same time as Tim Russert, just days before Tim's tragic death. I could not help being reminded of Tim as I watched Charles. He has the same twinkle in his eye. Like Tim, you could not help but like the guy.

I have a feeling we will be seeing more of Mr. Charles Gallagher. Perhaps I will get an interview with his boss Mr. Francis when Steve and his lovely wife Gayle return from a vacation celebrating their 25th wedding anniversary. Happy anniversary Steve and Gayle.
 
   
   

Is there corruption in the Grant Thornton contract? 06/22/08

   
                                           by Pat Flannery                           top^

The privatization of "inherently governmental functions" through a Federal process known as OMB A-76 (an OMB circular) was brought into serious question in a special report published February 2007 by the Washington Post. It documented the appalling conditions at the Walter Reed Army Medical Center (WRAMC), the so-called "Home of Warrior Care". The report ended with this paragraph:
 
"In December, a contracting dispute held up building repairs.

"I hate it," said Romero, who stays in his room all day. "There are cockroaches. The elevator doesn't work. The garage door doesn't work. Sometimes there's no heat, no water. . . . I told my platoon sergeant I want to leave. I told the town hall meeting. I talked to the doctors and medical staff. They just said you kind of got to get used to the outside world. . . . My platoon sergeant said, 'Suck it up!' "

"Suck it Up!" I expect that will be Mayor Sanders' suggestion to the City unions on Monday when this Item comes up for Council approval. Sanders has signed a contract with the Bush Administration's favorite defense privatization consultant, Grant Thornton LLP (who participated in the Walter Reed privatization fiasco) for
"indefinite delivery, indefinite quantity" privatization services.

The Grant Thornton person in charge of the San Diego account is Mr. Ramon Contreras, Principal, Grant Thornton LLP, 333 John Carlyle Street, Ste 500, Alexandria, VA 22314.
It is interesting that Contreras appears on the "Defense and Intelligence" page of Grant Thornton's web site. Here is his resume.

Note that Contreras also happens to be a presenter on "Strategic Sourcing" for Carl DeMaio's Performance Institute. Isn't that interesting! Is San Diego to be the poster child for the takeover of local government by giant Washington-based private "service providers"?

San Diego already appears as a client on GT's "
State and Local Governments" page. Grant Thornton considers itself under contract to the City. Here is a letter from Lance Wade, the former Purchasing Director, dated April 12, 2007 purportedly confirming that contract.

However, the City Attorney's signature is required on all City Contracts according to this MOL dated February 11, 2008 and more importantly according to Charter Section 40. The Grant Thornton contract did not receive that signature. It still hasn't. Here is the latest signature page.

The first anybody heard about this supposed contract (outside the Mayor's office) was when on April 4, 2008, Mark Patzman, the Program Manager for Managed Competition, requested the City Attorney's office to "expedite review and approve" a 1472 (the form required to put an item on the City Council agenda) to ratify the supposed Grant Thornton contract referred to in Lance Wade's letter dated April 12, 2007.

In response, Deputy City Attorney Michael Calabrese wrote this letter to Mark Patzman on April 8, 2008. Calabrese explained that he could not approve the 1472 to "ratify" the Grant Thornton contract as "the underlying agreement is invalid for several reasons". Therefore "no agreement exists for the City Council to approve, extend or ratify".

Scott Peters nevertheless put it on the Council Agenda for April 28, 2008, only to "send it back to the Mayor" when the day came. Perhaps he decided to wait until after June 3, not wanting to tangle with the unions over Managed Competition during an election.

Now that the election is over Peters no longer needs the unions. He is playing the rich-man's game again, the (now out-of-the-closet) conservative he has always been. So, he has put outsourcing of city jobs back on the Council agenda for Monday June 23, even though the 1472 still does not have the City Attorney's signature.

If Peters was in the runoff with Aguirre he would be playing the unions' game and sending outsourcing of city jobs "back to the Mayor" to die on the vine. He knows that Joan Raymond's blue collar union, AFSCME Local 127 will be wiped out under Managed Competition. Even the all-powerful MEA will take severe hits, which many people support.

The great irony is that the fate of thousands of union jobs is now in the hands of Aguirre. Why should he fight their battles for them? Peters was their champion. Now he's gone. Their current champion, Ben Hueso, is backing the arch-conservative and Mayor's ally, "Judge" Jan Goldsmith (you can't use that honored title to run for any office)?

Will Hueso protest the fact that this item is even on the Council Docket without having received the City Attorney's signature? Probably not. Will Hueso lead the opposition to this obviously illegal contract? Probably not. He will leave the fight to Aguirre. So, Aguirre could be forgiven for letting the unions stew in their own juice on Monday.

The unions have protested Aguirre's "meddling" in policy. This might be a good time for Aguirre to heed their advice. Calabrese's letter makes the law clear. Hueso and the City Council must now decide to follow the law as outlined by Aguirre, or follow the Mayor in disobeying it.

Click on this picture for a video of the Mayor's Business Office Director, Anna Danegger, speaking before the Budget & Finance Committee on September 12, 2007. She was painfully trying to explain away the slow pace of "reform".

I believe it had more to do with the pending 2008 mayoral election than internal work load. Sanders wanted to give the impression to the city unions that he was not over-eager about Managed Competition. Wrong.

Danegger, a former Grant Thornton employee, is married to
David Jarrell, San Diego City's
Deputy Chief Operating Officer for Public Works. They are both politically savvy. This is where it gets interesting.

According to the Staff's Supporting Information to
Monday's Agenda Item: "the managed competition program issued a Request for Proposals (RFP) on October 19, 2006. Four proposals were received and were evaluated separately for technical merit and price. Grant Thornton was evaluated the best value provider and was awarded a one-year contract." That is what Sanders wants the Council to "ratify".

The mayor sent out an RFP for Managed Competition before the voters passed Proposition C on November 7, 2006. There were 185,688 "Yes" votes (60.37%) and 121,906 "No" votes (39.63%). Sanders and the Republican Party spent over $1 million on the campaign.

The deadline for returning the Managed Competition RFP was November 16, 2006. Anna Danegger was still working for Grant Thornton. She did not leave until November 30, 2006 and started with the City the following Monday, December 4, 2006.

We are expected to believe that this political savvy couple did not discuss the managed Competition RFP while Anna was working for Grant Thornton and David was working for the City.


David
earns $168,002 while Anna earns $117,275 i.e. $285,277 between them. They live in Scripps Ranch and have only a $450,000 mortgage - not bad for government workers. One day they will join the thousands of happy San Diego City retired millionaires.

With the help of the Casey Gwinn-trained and establishment-compliant
Stacey Fulhorst, Executive Director City of San Diego Ethics Commission, Ms. Danegger got around another little ethics problem. I wonder why Stacey did not consider the husband/wife conflict?

Fulhorst's Ethics Commission's rules provide that an employee "may not influence municipal decisions that are substantially likely to have a material financial effect on an entity that has been a source of income to you within the previous twelve months."

However, Fulhorst and the Ethics Commission conveniently found that "any ministerial work (i.e., not requiring you to exercise discretion) you perform on such matters would fall outside the scope of the prohibition." San Diego City is a nice little "Ministerial" family.

The truth is that you can do just about anything in this town if it is found to be "Ministerial". The Blackwater case is a good example. Here is the full letter from the Ethics Commission to Ms. Danegger.

Why then did Sanders sign an "indefinite delivery, indefinite quantity" privatization contract with Ramon Contreras, the Defense Principal at Grant Thornton, who had recently landed a huge $450 million privatization contract with the Department of Justice? Was Sanders "encouraged" to hire a favorite son of Washington, as with Blackwater?

If the City Council rejects this "ministerial" contract tomorrow, I see a repeat performance of the Blackwater case in Judge
Marylin Huff's Federal Courtroom. The Hamiltonian Federalists would be proud of their 21st Century counterparts. Unfortunately for democracy a similar movement is afoot in Europe known as the Treaty of Lisbon.

On June 12, 2008,
Ireland, alone among European nations, stopped the further erosion of their national sovereignty by rejecting the Treaty of Lisbon 53.4% to 46.6%. The erosion of state and local sovereignty is being done in the United States not by treaty but by compliant local politicians like Jerry Sanders and Federal Judges like Marylin Huff.

Let's see what the City Council decide on Monday - democracy vs. "ministerial" - is local government the next big business franchise?
 

   
   

No need for political parties in San Diego any more. It's now Ben & Jerry's Flavor "Imagine Whirled Peace". 06/19/08

   
                                           by Pat Flannery                           top^

Today, flanked by Andrew Jones, president of the San Diego Deputy City Attorney's Association, Councilmember Ben Hueso, a Democrat representing the largely Hispanic Council District 8, endorsed Jan Goldsmith, a Republican from Coronado, for San Diego City Attorney.

Mr. Hueso was first elected to Council District 8 in November 2005 following the July 2005 conviction of former District 8 Councilmember Ralph Inzunza of extortion, corruption and fraud for taking bribes from a strip club owner.

Hueso took Inzunza's seat on a mere 7,454 votes in the November 2005 general election and was reelected, virtually unopposed, in the following June 2006 primary election with only 7,994 votes. District 8 is notorious for voter apathy. Inzunza was first elected in 2001 with only 4,759 votes and relected in 2002 with 6,103 votes (Imperial Beach-style numbers).

Pardee Construction paid for most of those 6,103 votes in South San Diego and Inzunza paid them back in full measure by killing the expansion of Brown Field. Hueso serves the same developer/unions master. He doesn't have to worry about the people - they don't vote. Pardee will buy him all the votes he needs. That's democracy San Diego-style and the "Democratic" Party does not seem to care.

Now this today - here is the full video of today's bi-partisan, tri-racial love fest , a Democrat (without a voter base) endorsing the establishment's choice for a rubber-stamp City Attorney. I stood in the midday sun to watch this extraordinary press conference in City Plaza: the golden boy of the white power elite flanked by adoring members of the two largest minority groups in San Diego - blacks and Hispanics.

In his glowing endorsement of Goldsmith, Councilmember Hueso said:

"There's no Democratic or Republican way to run the city .... a lot of the issues that we deal with, potholes, graffiti, picking up trash .... we pick up everybody's trash, Democrat's, Republicans, Green Party, Libertarians .... everybody is entitled to equal services in the city. I do my job with that focus. I focus on matters important to all San Diegans' public health and safety and I think the law should be applied that way."

"Judge" Goldsmith picked up the (sukha) happy theme-for-the-day, saying: "There's no Democratic or Republican way to run the City Attorney's office". Casey Gwinn was not  really a Republican - he was a child of the enlightenment not of the establishment. Yeah, right.

But it is now official. Ben Hueso has said so - there is no difference between the way La Jolla is governed and that of Barrio Logan or South East San Diego. Everybody's trash gets picked up, everybody's potholes get fixed; graffiti on the walls of La Jolla is cleaned exactly the same as in South East San Diego.

According to Ben Hueso and Jan Goldsmith we already have Nirvana and social justice in San Diego. Just don't drive around South East San Diego, stay North of 8 and thank God (or Buddha) every day for "enlightened" men like Ben Hueso and Jan Goldsmith.

This "Lotos-eating" thinking has left most of San Diego south of Interstate 8 a wasteland of neglect. The bulk of the city's resources are sucked into downtown and the affluent north. With establishment-serving Council representatives like Ben Hueso who can be surprised?

Will the Democratic Party protest this latest sellout? I doubt it. It has become totally dominated by the all-powerful developer/unions coalition. All they need for total developer/union Nirvana is to get rid of Aguirre.
 

   
   

City Attorney Mike Aguirre will appeal Blackwater. 06/16/08

   
                                           by Pat Flannery                           top^

I sat through two hours of argument between City Attorney Mike Aguirre and Judge Marylin Huff in Federal Court today. Blackwater's attorney Mike Neil hardly spoke. He didn't need to, Judge Huff argued his case for him.

Judge Huff went at it with Mr. Aguirre as if she were guest hosting the Roger Hedgecock show. She then read her decision, which drew heavily on City Auditor Eduardo Luna's "exhaustive investigation" (as she described it) into the Blackwater permits.

I counted over 30 references to Mr. Luna's report. I'm sure nobody was more surprised than Eduardo. I doubt he could find the Land Use Section in the Municipal Code let alone write such an erudite exposition of land use processes that so impressed Judge Huff today.

I talked with City Attorney Mike Aguirre outside the Federal Courthouse afterwards when he gave me this on-camera interview , in which he announced that he will appeal today's decision:

"The City has an absolute right, through the City Council, to review whether or not a war training facility can be put in the middle of what is otherwise an industrial-business park and that there is a fundamental constitutional issue that has to be resolved by the Court of Appeals, 9th Circuit and we will be taking an appeal at the earliest opportunity."
Here is what Ray Lutz (the man who has led the opposition to Blackwater's presence in San Diego County) had to say about Judge Huff's decision outside the Courthouse:

"This was pretty much a predetermined result".

Here is a more extensive interview with Mr. Lutz prior to going into court where he delves into the background of Blackwater and into Judge Huff's close ties to the Bush Administration. His views raise serious questions regarding the state of the "separation of powers" in America today. How much loyalty does a Federal Judge owe to the Executive authority that appoints them? It was very clear where Judge Huff's loyalty lay today.

I hope to obtain a complete transcript of today's proceedings in the near future when I will post it here. I think every San Diego citizen should read her spirited, unjudgely, prolonged verbal exchange with Mr. Aguirre today. It was a chilling lesson in reality civics. Unfortunately no cameras or recording equipment are allowed in her courtroom.

Judge Huff actually said that yes, occasionally, a city is allowed to exercise "discretion" in its land use decisions, all others, 40,000 per year in the case of San Diego, are "ministerial". The military/business/law enforcement power structure that now governs San Diego is taking its "reform" seriously. It wants all government decisions to be "ministerial", just like in the military.

The irony is that the Blackwater case is being billed as protecting the constitutional rights of a military contractor. A couple of interesting items were revealed today: (a) all the staff at Blackwater are ex-military (who know how to shoot and can take care of themselves according to General Neil) except for two, who are retired San Diego cops and (b) General Neil is also the attorney for San Diego's biggest film studio, Stu Segall Productions, that happens to operate a "hyper-realistic training" facility, Strategic Operations, within the San Diego city limits.

To get a better idea of what Stu Segall and General Neil have on offer in Kearny Mesa take a look at their brochure. How did that particular
"war training facility" get put in the middle of "what is otherwise an industrial-business park"? Obviously, it occured before Aguirre's term in office and without any "discretionary" review by the City Council

It puts today's court proceedings in context: the military-industrial-law-enforcement power complex prefers to obtain its entitlements "ministerially". And their "ministerially" appointed judges make sure they do not have to face any "discretionary" review. Well done Judge Huff.

 

   
   

Sanders' "critical priorities" are developers. 06/16/08

   
                                           by Pat Flannery                           top^

Watch Sanders' rationale for his line-item veto of the City Council's directive to restore 62 mainly Park & Rec and Library jobs, representing $4.3 million in the City's FY 09 Budget. Read Sanders' press release today outlining his "critical priorities". He says:

"I disagree fundamentally with the IBA’s recommendations and City Council’s changes to my Fiscal Year 2009 Budget."

This is the "reform" San Diegans voted for. Sanders' legacy will be privatized city services, meaning no city services. If you want parks go live in a gated community; public parks are city assets to be leased for city revenue. That's the message from the 54% who voted for Sanders.

Look again at the Grand Jury Report on CCDC. On page 4 it says:

"CCDC’s budget for the Fiscal Year 2007/2008 is $217.5 million of the funds belonging to the Redevelopment Agency."

On page 7 it says:

"Fact: The Redevelopment Agency owes the City approximately $250 million in loan repayments."

Now consider Sanders'
"critical priorities". The pension system charges the City 8% on its Unfunded Actuarial Liability, (approximately $90 million per annum depending on whose UAL numbers you use. The pension administrators use all kinds of actuarial tricks to minimize it).

Why does the City not charge the Redevelopment Agency (RDA) 8% on the $250 million it owes the City? 8% of $250 million is $20 million. The answer lies in Sanders'
"critical priorities".

His
"critical priorities" are to the development industry. In order to avoid collecting even $2.5 million of that $20 million interest he vetoed the Council's effort to save our parks. Sanders prefers to leave the money with the RDA - to subsidize his contributors' projects.

Developers are Sanders'
"critical priorities", not the citizens of San Diego. He will have an ideological ally on the City Council, Carl DeMaio. DeMaio modeled his