City Attorney Is Secret 4 Branch Of Government In Imperial Beach
Submitted by Anonymous on Thu, 2010-02-11 20:44.
SECRET IS OUT OF THE BAG ! Lying Lyon To Take Over In Secret Agenda Item 2.3 !
AGENDA ITEM 2.3 States that City Attorney Jim Lough is resigning from his law firm partnership.
What is most troubling is that the "Changing of the Guard" was done as a consent item with no public discussion.
A major decision about the future direction of Imperial Beach's legal advice was undertaken without public discussion!
The consent item 2.3 reads that Jennifer M Lyon will be appointed to replace Mr. Lough. While Mr. Lough was certainly ethically challenged, which may have a lot to do with his resignation from the law firm, Jennifer M. Lyon is no less ethically challenged, yet this council plans to appoint or approve her appointment as the replacement City Attorney with little or no discussion. Ms Lyon was previously City Attorney for the city of Calexico where her two biggest accomplishments were fighting the Federal Government to prevent lining a water canal and telling the newspapers that a City Councilman's vote to give his first cousin the City Manager a $10,000 raise was not a conflict of interest! Yes! She said it with a straight face and won the right to become Imperial Beach's new ethically challenged border city attorney.
The new (to be appointed without discussion) Assistant City Attorney is Hilda R. Mendoza. Also a partner at the same law firm Lough is resigning from. Both Ms. Mendoza and Jennifer M. Lyon are also the City Attorney and Assistant City Attorney for El Cajon where they advise among other council members, Jillian Hanson Cox. Jim Lough has also represented San Diego's CCDC and Chula Vista Mayor Cheyrl Cox in conflict of interest and FPPC matters. Lough might be leaving City Hall, but not for lack of any ethically challenged , politically connected, GOOD OLD BOYS & GIRLS CLUB members to replace him.
Item 2.3 is too important to be just a consent agenda item. One of the most troubling aspects of this agenda item is the contract which makes it clear that the City Attorney's loyalty is to Staff and Council.....and not to the Citizens of Imperial Beach.
The contract with this city attorney was given only shortly after Lough approving the illegal appointment of Diane Rose in violation of the Brown Act. The year's contract was a quid pro quo for the appointment of Rose without an election. 12 months at $8700 per month plus $150 per hour for legal time is pretty lucrative! Why can't there be competitive bidding in letting out a contract for legal services? Oh ...You Know the answer to that one!
Why can't Imperial Beach have an elected City Attorney who represents the citizens of Imperial Beach and not the criminals who hide behind the color of authority and rule the city with an iron fist?
I dare you to ask the city council to discuss this issue and remove it from the consent agenda. This is too important to sweep under the rug !
|
Calexico joins fight against canal project
By Sandra Dibble
STAFF WRITER
November 10, 2005
Illustrating strong cross-border ties, Calexico has sided with neighboring Mexicali in opposing a canal-lining project that would boost deliveries to the San Diego region but dry up irrigation water needed by Mexican growers. Calexico argues that its economic and environmental interests were not taken into account in a multimillion-dollar U.S. plan to line the All-American Canal, which carries Colorado River water to the Imperial Valley. The city is therefore seeking to intervene in the federal lawsuit brought by U.S. conservation groups and Mexicali's Economic Development Council against the U.S. Department of the Interior and the Bureau of Reclamation. Businesses in Calexico, a city of 40,000, are heavily dependent on buyers from neighboring Mexicali, with a population of more than 1 million. City officials fear that any detrimental effect on Mexicali could prove devastating to Calexico. "More than 90 percent of our sales tax revenue comes in from Mexicali," Calexico Mayor Alex Perrone said. "We live on the retail from Mexico." The lawsuit, filed in federal court in Las Vegas, seeks to halt a plan to replace an unlined and leaky, 23-mile stretch of the canal with a concrete-lined channel and send the saved water – enough to supply some 134,000 households – to San Diego County. The lawsuit alleges that the project will hurt Mexicali farmers who for decades have relied on seepage from the canal for their fields, and as a result have established rights to the water. It also says important wetlands in Mexico fed by the seepage will be harmed. Calexico's petition, filed Oct. 31, sides with Mexicali and the U.S. conservation groups against the project. It argues that the U.S. agencies failed to consider economic and environmental effects that the project will have on the city. "When they start building the new canal, just imagine the dust that goes into the environment," Perrone said. Calexico is not seeking to intervene on the water-rights question. "That's Mexicali's issue," the mayor said. Cash-strapped Calexico is counting on the Mexicali Economic Development Council to pay the costs of the lawsuit. "The city is very concerned about this project, and is very fortunate that they can have someone pay their fees," said Jennifer Lyon, Calexico's city attorney. The council agreed. "Calexico and Mexicali are sister cities, and we're linked like twins," executive director René Acuña said. Several Colorado River water users are also seeking to participate in the case, but unlike Calexico, they are supporting the All-American Canal project. They are: the Central Arizona Water Conservation District; the states of California and Nevada; the Southern Nevada Water Authority; the San Diego County Water Authority; the Imperial Irrigation District; the Metropolitan Water District of Southern California; and the La Jolla, Rincon, San Pasqual, Pauma and Pala Bands of Mission Indians. John Liarakos, a spokesman for the San Diego County Water Authority, said the canal-lining project is moving forward and is in the construction-and-design phase. The Imperial Irrigation District, in charge of building the new link, expects to solicit bids early next year and complete the project by 2008.
Sandra Dibble: (619) 293-1716; sandra.dibble@uniontrib.com
»Next Story»
|
|
|
CONSENT ITEMS: (Continued)*1.5RESOLUTION: APPOINTING CITY ATTORNEY STAFF OF THE CITYOF EL CAJONRECOMMENDATION: That the City Council adopt the next RESOLUTION in order toappoint the staff of the City Attorney’s Office as follows:Morgan L. Foley, City AttorneyJohanna N. Canlas, Assistant City AttorneyLisa A. Foster, Assistant City AttorneyKimberly A. Johnson, Assistant City AttorneyBarbara C. Luck, Assistant City AttorneyJennifer M. Lyon, Assistant City AttorneyHilda R. Mendoza, Assistant City AttorneyJoshua D. Tucker, Assistant City AttorneyMichael T. Reid, Staff Attorney*1.6FY 09 STATE HOMELAND SECURITY GRANT FUNDING(Report: Fire Chief and Chief of Police)RECOMMENDATION: That the City Council take the following action:1.Authorize the City Manager, or designee, to accept the FY 09 StateHomeland Security Grant funds in the ......................................
Wants exception from the rule for small coastal cities voting on items within 500 ft of financial interest…..very peculiar and mentions beach front rentals and not meeting a 10% threshold….needed by law to get an exemption ??? Something like that
|
|
|
Alphabetic Member List
Bilingual Members
Members licensed to
practice in other states
|
MEMBERS BY AREA OF PRACTICE
|
ADMINISTRATIVE
James P. Lough
ADOPTION
Kimberly Kirkpatrick
Judith Klein
Catherine Tancredi CLS-F
APPELLATE
Judith Klein
James P. Lough
Patrick L. McCrary
Kelly Rand
ARBITRATION
BANKING
BANKRUPTCY
James Albert CLS-F
Chris J. Allred
George A. Alspaugh, Jr.
Albert J. Austin
Robert G. Bowers
Sheryl S. Graf
Myron Dale Has-Ellison
Randal C. Leavitt
Wells B. Lyman
Patrick L. McCrary
M. Dale Mills, Jr.
Shannon E. Oltarzewski
Cheryl L. Stengel CLS - B
Kindra L. Willey
Bruce A. Wilson
BUSINESS/CORPORATE
Victoria E. Adams
Chris J. Allred
Stanley J. Bacinett
C. Albert Borgerding
Thomas M. Buchenau
Allen C. Brown
Jerry L. Carmody
C. Dan Conaway
Joseph Fox
Miranda C. Franks
Daniel W. Grindle
James P. Miller, Jr.
M. Dale Mills Jr.
Ron H. Oberndorfer
Leon A. Opolski
Blaine R. Phipps
Michael B. Taggart
Cassandra C. Thorson
Bruce A. Wilson
CIVIL LITIGATION
Albert J. Austin
Dan Bacal
Steven E. Boehmer
C. Albert Borgerding
Thomas M. Buchenau
Jerry L Carmody
C. Dan Conaway
William L. Fischbeck
Joseph Fox
Daniel W. Grindle
Keith A. Jones
Larry D. Kincaid
David Paul Kuhfal
James P. Lough
John J. McCabe, Jr.
Patrick L. McCrary
Timothy J. McDermott
James P. Miller, Jr.
M. Dale Mills, Jr.
Carrie L. Mitchell
Michael R. Moore
Patrick F. O'Connor
Mark R. Raftery
Charles J. Schmidt
Cassandra C. Thorson
Robert F. Wiggins
COLLECTIONS / CONSUMER
Chris J. Allred
George A. Alspaugh, Jr.
Stanley J. Bacinett
Thomas M. Buchenau
Timothy J. McDermott
M. Dale Mills Jr.
Cassandra C. Thorson
COMMERCIAL/CONSTRUCTION
Jerry L. Carmody
C. Dan Conaway
Daniel W. Grindle
Keith A. Jones
Joel M. Kriger
Mark R. Raftery
Michael B. Taggart
CONSERVATORSHIP
John W. Brewer
Edward R. Brien
Nancy Kaupp Ewin CLS-EPTP
Kaye E. Hambleton
Kindra L. Willey
CRIMINAL
Albert J. Austin
Dan Bacal
Robert G. Bowers
William L. Burnell
Sheryl S. Graf
Daniel P. Larkin
Russell D. Lockwood
Michael R. Moore
Victor Orsatti
Kelly Rand
Russell K. Robinson
Michael B. Taggart
Edward R. Torrence
ELDER LAW
Dan Bacal
Richard Chapman
Nancy Kaupp Ewin CLS-EPTP
Kaye E. Hambleton
John Calvin Jarboe
David Paul Kuhfal
Kelly Rand
EMINENT DOMAIN
Morgan L. Foley
EMPLOYMENT/LABOR
Steven E. Boehmer
Michael R. Moore
Patrick F. O'Connor
EQUINE
ESTATE PLANNING/WILLS/
TRUSTS
Victoria E. Adams
Chris J. Allred
George A. Alspaugh, Jr.
Albert J. Austin
Margaret F. Bearden
Clarence Bender
Charles Albert Borgerding
John W. Brewer
Edward R. Brien
Carolyn R. Brock CLS-EPTP
Allen C. Brown
Thomas M. Buchenau
Mandie J. Bullock
Jerry L. Carmody
Richard Chapman
James J. Dobbin
Nancy Kaupp Ewin CLS-EPTP
Tamara K. Fogg
Miranda C. Franks
Lahib Gappy
Kaye E. Hambleton
Jeannette C. Holm
Jennifer Hughes
John Calvin Jarboe
Larry D. Kincaid
LeRoy W. Knutson
David Paul Kuhfal
Harold O. McNeil
Gerald S. Mulder
Ron H. Oberndorfer
Shannon E. Oltarzewski
Leon A. Opolski
Blaine R. Phipps
Adam James Schmidt
Robert F. Wiggins
Kindra L. Willey
FAMILY/DOMESTIC
James Albert CLS-F
Stanley J. Bacinett
Cynthia D. Baker
Margaret F. Bearden
Leah M. Boucek
Robert G. Bowers
John W. Brewer
Edward R. Brien
Jennifer A. Britt
Thomas M. Buchenau
Bruce W. Cozart CLS-F
Dawn E. Davies
Anthony Dunne CLS-F
James Dunne CLS-F
Richard Freed
Gary S. Glauser CLS-F
Tara L. Grabarczyk
Sheryl S. Graf
Daniel Grunbaum
Patricia A. Gwinn
Myron Dale Has-Ellison
Bernadette C. Hilgeman
Jeannette C. Holm
Glen J. Honig
Barbara Silber Katz CLS-F
Larry D. Kincaid
Kimberly Kirkpatrick
Judith Klein
Garrison Klueck CLS-F
Daniel P. Larkin
Randal C. Leavitt
Nicholas A. Leto, Jr. CLS-F
S. Michael Love CLS-F
Wells B. Lyman
Jan Maiden
Judy Marolt
Sandra L. Mayberry
John J. McCabe, Jr.
Patrick L. McCrary
Timothy J. McDermott
Heather L. Milligan
Michael R. Moore
Gerald S. Mulder CLS-F
Richard M. Peterson
Russell K. Robinson
Adam James Schmidt
Charles J. Schmidt
Kim Marie Staron
Catherine Tancredi CLS-F
Edward R. Torrence
Robert F. Wiggins
Kindra L. Willey
Kate Yavenditti CLS-F
GENERAL
James D. Dobbin
Joseph Fox
Bernadette C. Hilgeman
David Paul Kuhfal
John J. McCabe, Jr.
Timothy J. McDermott
James P. Miller, Jr.
Michael B. Taggart
Cassandra C. Thorson
GUARDIANSHIP
John W. Brewer
Nancy Kaupp Ewin CLS
Miranda C. Franks
Kaye E. Hambleton
John Calvin Jarboe
Leon A. Opolski
Catherine Tancredi CLS-F
Kindra L. Willey
HOME OWNERS ASSN.
Jon H. Epsten
Joel M. Kriger
Ron H. Oberndorfer
Mark R. Raftery
Cassandra C. Thorson
IMMIGRATION
Victor Orsatti
IRS/TAX
Shannon E. Oltarzewski
Bruce A. Wilson
INSURANCE LAW
INTELLECTUAL PROPERTIES
JUVENILE
Barbara Silber Katz CLS-F
Victor Orsatti
Russell K. Robinson
LANDLORD/TENANT
Chris J. Allred
C. Albert Borgerding
William L. Fischbeck
Joseph Fox
Lahib Gappy
Daniel W. Grindle
Keith A. Jones
Michael R. Moore
Michael B. Taggart
Cassandra C. Thorson
LEGAL MALPRACTICE
LEMON LAW
James P. Miller, Jr.
MECHANICS LIENS
Albert J. Austin
Stanley J. Bacinett
Jerry L. Carmody
M. Dale Mills, Jr.
Mark R. Raftery
Michael B. Taggart
MEDI-CAL
Nancy Kaupp Ewin
Kaye E. Hambleton
MEDIATION
C. Dan Conaway
Garrison Klueck
MEDICAL MALPRACTICE
Cassandra C. Thorson
MILITARY
Edward R. Torrence
MUNICIPAL LAW
Johanna Canlas
Morgan L. Foley
James P. Lough
Barbara Luck
Jennifer Lyon
Hilda Mendoza
PERSONAL INJURY
Chris J. Allred
Albert J. Austin
Dan Bacal
Clarence Bender
Steven E. Boehmer
William L. Burnell
Joseph Fox
Lahib Gappy
Jennifer Hughes
Keith A. Jones
Larry D. Kincaid
Randal C. Leavitt
Thomas D. Luneau
Patrick L. McCrary
James P. Miller, Jr.
Patrick F. O'Connor
Leon A. Opolski
Richard M. Peterson
Charles J. Schmidt
Cassandra C. Thorson
PROBATE
Victoria E. Adams
George A. Alspaugh, Jr.
Albert J. Austin
Margaret F. Bearden
Clarence Bender
John W. Brewer
Edward R. Brien
Carolyn R. Brock CLS-EPTP
Allen C. Brown
Thomas M. Buchenau
Jerry L .Carmody
James J. Dobbin
Nancy Kaupp Ewin CLS - EPTP
Tamara K. Fogg
Miranda C. Franks
Kaye E. Hambleton
Bernadette C. Hilgeman
Jeannette C. Holm
Jennifer Hughes
LeRoy W. Knutson
David Kroll
Harold O. McNeil
M. Dale Mills, Jr.
Michael R. Moore
Gerald S. Mulder
Ron H. Oberndorfer
Shannon E. Oltarzewski
Leon A. Opolski
Blaine R. Phipps
Robert F. Wiggins
Kindra L. Willey
REAL ESTATE/LAND USE/
ENVIRONMENT
Victoria E. Adams
Chris J. Allred
C. Albert Borgerding
Robert G. Bowers
Thomas M. Buchenau
Jerry L. Carmody
C. Dan Conaway
William L Fischbeck
Joseph Fox
Daniel W. Grindle
Glen J. Honig
Keith A. Jones
James P. Lough
M. Dale Mills, Jr.
Blaine R. Phipps
Robert F. Wiggins
RESEARCH ATTORNEY
SOCIAL SECURITY
William L. Burnell
Harold O. McNeil
Michael R. Moor
SPORTS/ENTERTAINMENT
Joseph Fox
James P. Miller, Jr. NFLPA
TRUST/ESTATE LITIGATION
Bernadette C. Hilgeman
WORKERS' COMPENSATION
Clarence Bender
William L. Burnell |
|
|
|
|
|
|
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY
REGULAR SESSION
AUGUST 4, 2009
CLOSED SESSION 5:30 P.M.
| Councilmembers/Boardmembers |
City of Calexico |
City Manager/Exec. Dir. |
| Mayor/Chairman |
608 Heber Ave. |
Victor M. Carrillo |
| David B. Ouzan |
Calexico, CA |
City Attorney |
| Mayor Pro Tem/Vice Chair |
|
Jennifer Lyon |
| John M. Moreno |
|
City Treasurer |
| Luis J. Castro |
|
Rodolfo Moreno |
| Daniel F. Romero |
|
City Clerk |
| Louis Fuentes |
|
Lourdes Cordova |
***AGENDA***
COSED SESSION-5:30 P.M.
REGULAR MEETING – 6:30 P.M.
CLOSED SESSION – 5:30 P.M.
CALL TO ORDER AND ATTENDANCE
A. CONFERENCE WITH LABOR NEGOTIATIORS
Agency Representatives: Judith Hashem, James Lough, Jennifer Lyon, Victor Carrillo
Employee Organizations: SEIU/CMEA; Water/Wastewater Operators Assoc.; Supervisors Assoc.; Police Officers Assoc.; Fire fighters Assoc & Unrepresented Employees
B. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION
Citizens for Honesty and Integrity in Calexico v. City of Calexico
C. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION- Significant exposure to litigation pursuant to subdivision (b) (3)(A) of Government Code section 54956.9(1 case)
D. RDA ITEM: CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
Location: 421 Heffernan Street
Agency Negotiators: Jennifer Lyon, Rosalind Guerrero, Sandra Tauler, Victor Carrillo
Negotiating Parties: Chamber of Commerce, De Anza Hotel Limited Partnership
Under Negotiation: Price and terms of lease
CALL TO ORDER AND ATTENDANCE
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
NOTE: Public comments are welcome. Speakers will be limited to three minutes. Please complete a speaker form prior to the start of the meeting. Comments on agendized items will be heard with discussion on that individual item.
ANNOUNCEMENTS/PUBLIC COMMENTS: Each person wishing to address the City Council regarding items not on the posted agenda may do so at this time. In accordance with State law, Council may not take action on an item not scheduled on the agenda. If appropriate, the item will be referred to the City Manager of placed on a future agenda.
GENERAL COMMENTS BY CITY COUNCIL MEMBERS/RDA BOARD MEMBERS
CONSENT AGENDA- All matters listed under Consent Calendar are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items, unless a Councilmember or member of the public requests that particular item(s) be removed from the Consent Calendar and considered separately. Those items removed from the Consent Calendar will be discussed at the end of the Agenda.
1. Adopt second reading, by title only, waive full reading of an ordinance of the City Council for the City of Calexico, California prohibiting special meetings on city holidaysRecommendation: Adopt ordinance by title only, waive full reading.
Staff: Jennifer Lyon, City Attorney2. Employment Agreement between City of Calexico and Victor Carrillo for the position of City Manager.
Recommendation: Ratify agreement and authorize the Mayor to execute same.
Staff: Jennifer Lyon, City Attorney3. Consideration and approval of participation in a training agreement with CalWorks.Recommendation: Authorize City Manager to sign agreement for the City’s participation in the CalWorks program.
Staff: Victor Carrillo, City Manager4. Authorization of four wastewater and four water treatment operators to attend the 25th Annual Tri-State Seminar On-The River in Primm, Nevada from Monday September 21, 2009 through Thursday, September 24, 2009.
Recommendation: Authorize staff to attend seminar.
Staff: Luis Estrada, Utility Services Director5.Award bid proposal from Cora Constructors Inc. in the amount of $1,546,475 (base bid) for the Chlorination facilities Project plus 15% contingency ($231,971) for inspections, engineering, soils testing and administrative fees.
Recommendation: Award bid proposal.
Staff: Luis Estrada, Utility Services Director6. Authorize City Manager to execute agreement with the Epler Company, Benefits and Compensation Consulting and Actuarial Service Consultants, to provide services in connection with the GASB 45 required implementation for OPEBs
Recommendation: Authorize City Manager to execute agreement.
Staff: Judy Hashem, Finance Director7. Adopt Resolution No. 09- , updating Resolution No. 08-30 regarding Assessment District 90-1 and establishing the special tax requirement for Fiscal Year 2009-10.
Recommendation: Adopt Resolution.
Staff: Judy Hashem, Finance Director8. Adopt Resolution No. 09- establishing the special tax requirement for Community Facilities District #2003-1 for Fiscal Year 2009-10.
Recommendation: Adopt Resolution
Staff: Judy Hashem, Finance Director9. Adopt Resolution No. 09- authorizing the submittal of an application to the State Home Program.
Recommendation: Adopt Resolution
Staff: Rosalind Guerrero, RDA Director10. Adopt Resolution No. 09- in support of encasing the New River.
Recommendation: Adopt Resolution
Staff: Luis Estrada, Utility Services Director11. Adopt Resolution No. 09- authorizing the destruction of City records.
Recommendation: Adopt Resolution
Staff: Judy Hashem, Finance Director
BUSINESS ITEMS12.Approve the acceptance of the COPS Hiring Recovery Program (CHRP) Grant and the hiring of two (2) police officers with these funds.
Recommendation: Accept the COPS Hiring Recovery Program Grant and authorize the hiring of two (2) police officers.
Staff: Jim Neujahr, Police Chief13. Approve Mayor to sign letter of support for the City of Calexico partnering with Imperial County Office of Education and Imperial Valley Telecommunications Authority on a stimulus grant application to provide a wireless mesh network for use by public safety.
Recommendation: Approve Mayor to sign letter of support.
Staff: Jim Neujahr, Police Chief14. Discussion/Action on proposal by Garcia Food Utility Payment Center to provide a water bill pay station to the City of Calexico.Recommendation: Consider proposal by Garcia Food and provide direction to staff.
Staff: Judy Hashem, Finance Director15.Appointments to Housing Authority Board.
Recommendation: Make appointments
Staff: Victor Carrillo, City ManagerINFORMATION ITEMS16. Memorandum regarding conflicts of interest, personal financial gain and fair process.
Staff: Jennifer Lyon, City Attorney17. Future agenda requests by City Council members.REDEVELOPMENT AGENCY BOARD
AGENDA
AUGUST 4, 2009
6:30 P.M.BUSINESS ITEMS18. Caltrans application for Transportation Enhancement (TE) application for funding of improvements to 1st street.
Recommendation: Provide direction to staff.
Staff: Rosalind Guerrero, RDA Director19. Approve the Community Redevelopment Agency Basic Financial Statement for Fiscal Year Ending June 30, 2008.
Recommendation: Approve RDA Basic Financial Statements for the year.
Staff: Judy Hashem, Finance DirectorINFORMATION ITEMS20. Presentation on the SCAG Compass Blue Print project – Downtown improvement plan.
Staff: Rosalind Guerrero, RDA Director21. Housing Rehabilitation Contractor selection procedures.
Staff: Rosalind Guerrero, RDA Director
ADJOURN
|
|
|
|
|
“When they start building the new canal, just imagine the dust that goes into the
environment,” Perrone said. Calexico is not seeking to intervene on the water-rights
question. “That’s Mexicali’s issue,” the mayor said. Cash-strapped Calexico is counting
on the Mexicali Economic Development Council to pay the costs of the lawsuit.
“The city is very concerned about this project, and is very fortunate that they can have
someone pay their fees,” said Jennifer Lyon, Calexico’s city attorney. The council
agreed. “Calexico and Mexicali are sister cities, and we’re linked like twins,” executive
*********************** No conflict in Moreno’s vote to give Carrillo pay hike, city attorney says
By SILVIO J. PANTA, Staff Writer
Thursday, January 7, 2010 12:07 AM PST
CALEXICO — No conflict of interest exists in the vote City Councilman John M. Moreno cast this week for granting his first cousin, City Manager Victor Carrillo, a pay hike, City Attorney Jennifer Lyon said Wednesday.
Moreno does not stand to gain anything financially from his vote Tuesday, and the vote in of itself does not amount to an outright conflict, Lyon said.
Moreno made the motion to approve a $10,000 pay hike from Carrillo’s base salary of $135,000 but the measure failed in a 3-2 vote. Mayor David B. Ouzan also voted in favor of approving the pay increase.
Following a spirited discussion, councilmen Luis Castro, Daniel F. Romero and Guillermo Hermosillo all voted against giving Carrillo, a former District 1 county supervisor who has been city manager for six months, an annual pay increase to $145,000.
Lyon hasn’t researched the issue about Moreno’s relation to Carrillo, nor was she asked to, she said.
“The fact that they are related is not an outright conflict of interest,” Lyon said.
Carrillo said the issue about Moreno’s participation in a vote to hire Carrillo had been resolved with an attorney when he first applied for the position last summer.
However, Romero, who voted against hiring Carrillo, said Moreno sought the advice of his attorney and not Lyon’s to settle any questions about a conflict of interest.
Asked if Moreno’s vote on giving him a raise appeared questionable, Carrillo said it didn’t and that he was offered a raise in the past. Carrillo turned it down, he said, in light of the budgetary constraints the city was facing.
Carrillo said he never sought the city manager job for the money but wanted it to give something back to the community.
While he didn’t get a raise, three executive secretaries in different city departments did after the council voted to give them a $103 a month increase by changing their salary range, Carrillo said.
Also, Carrillo said that under his stewardship city employees got only 10 furlough days and “100 percent” medical coverage, and departments were able to reduce expenditures by as much as 15 percent in order to balance the budget.
“I didn’t question whether my salary was higher or lower to the previous city manager,” Carrillo said. “I want to be a part of the governance of Calexico.”
Moreno said he has spoken to several attorneys and concluded there is nothing inappropriate about voting on issues that involve Carrillo and was told a conflict arises if there were any business interests related to a vote.
“I know it looks bad, and that it’s people’s perception,” Moreno said. “But whether or not it’s legal is another issue and from what I know we are not violating any government code.”
Romero said he doesn’t think Moreno’s familial tie to Carrillo is an issue that warrants attention. Although he said he disagreed with the process in which Carrillo got to be city manager, Romero declined to explain why he voted against hiring Carrillo.
“I don’t see the need where that issue should be a major concern,” said Romero. “As far as a legal conflict of interest, one does not exist.”
>> Staff Writer Silvio J. Panta can be reached at 760-337-3442 or at spanta@ivpressonline.com
*******************
City Attorney Jennifer Lyon said that there is no conflict of interest in the vote of Council Member John M. Moreno when he cast his vote to grant a raise to his first cousin, Calexico City Manager Victor Carrillo
CONSENT ITEMS: (Continued) El Cajon Redevelopment Agency Minutes *1.5 RESOLUTION: APPOINTING CITY ATTORNEY STAFF OF THE CITYOF EL CAJONRECOMMENDATION: That the City Council adopt the next RESOLUTION in order toappoint the staff of the City Attorney’s Office as follows:Morgan L. Foley, City AttorneyJohanna N. Canlas, Assistant City AttorneyLisa A. Foster, Assistant City AttorneyKimberly A. Johnson, Assistant City AttorneyBarbara C. Luck, Assistant City AttorneyJennifer M. Lyon, Assistant City AttorneyHilda R. Mendoza, Assistant City AttorneyJoshua D. Tucker, Assistant City AttorneyMichael T. Reid, Staff Attorney
|
