Clear and convincing evidence is always to be appreciated; and, to that end I submit, what I consider to be, evidence proving an illegal  “conflict of interest” exists  between SWIA (Southwest Wetlands Interpretative Association) and our elected officials at city council here in Imperial Beach:

1.                          To  quote from IRS form 1023, page 2, “Overview of 501(c)(3) Organizations: “A 501(c)(3) foundation is NOT ALLOWED to INFLUENCE legislation.” SWIA is registered with the IRS as a 501(c)(3) organization and to that end it takes advantage of tax exemption laws. City Council Woman Patricia Mc Coy founded SWIA and she was a member of its board of Directors while voting as an elected public official on IB’s city council. If you want to know what a “whoopee cushion” is I suggest it is her husband Michael Mc Coy who took her seat on the Board when her conflict of interest became too hot and obvious.

2.                          “A 501(c)(3) is NOT ALLOWED to INFLUENCE LEGISLATION.” Now I ask the reader to connect these several facts:

                                                                                                   i.      SWIA is a 501(c)(3) organization; and,

                                                                                                 ii.      City Council Woman MAYDA WINTER gets her main source of income in an employee check for services from SWIA.

                                                                                                iii.      Mayda Winter votes on issues at city council affecting legislation.

                                                                                               iv.      The City Council of IB knows Mayda Winter is a vital “grants procurer” for SWIA.

                                                                                                 v.      The City Council of IB petitions the State of California for grants to SWIA.

                                                                                               vi.      The city council petitions the Federal government for grants to SWIA.

                                                                                              vii.      The city council allows Mayda Winter to participate in the council discussion concerning these grants to SWIA.

                                                                                            viii.      The city council allows Mayda Winter to VOTE on petitions for grants to SWIA.

                                                                                               ix.      The city council allows for petitions for grants to SWIA to be included in agenda items that are not usually open to public discussion.

                                                                                                 x.      The city council considers City Council Woman Mayda Winter as a “CITY EMPLOYEE” while she is AT WORK at SWIA (now if that isn’t clear and convincing evidence of an illegal conflict of interest, without all of the other instances of it, then what is).

                                                                                               xi.      The city council has spent many thousands of dollars in legal defense of Mayda Winter as a CITY EMPLOYEE for incidences that occur during her working hours at SWIA (there’s a “whopper” for you).

                                                                                              xii.      City Council Woman Mayda Winter attends SWIA Board meetings that are closed to the public and at which SWIA’s political objectives, and how to obtain them, are discussed.

                                                                                            xiii.      City council and city manager Gary Brown have knowledge of the fact SWIA has entered into a lease agreement with the property owner, which violates several city ordinances. SWIA is located at 708A Seacoast Drive, a “zone” designated as “commercial” retail sales. SWIA is not a commercial business nor does it have any items for retail sale (besides Mayda Winter). The city’s commercial zoning ordinance prohibits any of the 708 Seacoast Drive addresses to be sub-divided in any manner that prohibits or impedes an “emergency” second exit from the premises. The property owner expressly limited SWIA’s occupation of 708A to the front half of the building; and, has steadfastly forbade SWIA any access to the rear door of the building. There is no “emergency” fire exit at SWIA.

                                                                                            xiv.      A 501(c)(3) is NOT LLOWED to INFLUENCE LEGISLATION. Debra Carey SWIA’s only other paid employee, and her husband Michael Carey, are the editors of “The Imperial Beach Concerned Citizen.” The Concerned Citizen is a political endorsement of the highest order. It not only positively endorses Mc Coy, and Winter, but it also savagely attacks the reputation, good will, and qualifications of any opposition candidates to Mc Coy and Winter. Let me quote some more from IRS Form 1023:

1.      “A 501(c)(3) organization must absolutely refrain from participating in the political campaigns of candidates for local, state, or federal office.

2.      Further, it “must absolutely restrict its legislative activities.”

3.      “All 501(c)(3) organizations are ABSOLUTELY PROHIBITED FROM DIRECTLY OR INDIRECTLY participating or intervening in any political campaign on behalf, or in opposition to, any candidate for elective public office.

I have submitted along with this expression of my opinion the following documents to support it:

1.      Page 2 of IRS instructions for Form 1023.

2.      Lines 1 thru 26 of a “sworn” statement filed on 9-8-04 by the City of Imperial Beach, in the Superior Court of the State of California, Case # GIS 18119 on behalf of City Council Woman Mayda Winter. In which Winter testifies she is a SWIA employee; admits SWIA is a 501(c)(3) organization; admits SWIA is at 708A Seacoast Drive; admits her job is to obtain grants for SWIA; admits Debra Carey is SWIA’s only other employee.

3.      Id. page 2, lines 25 thru 28 in which Debra Carey denies Winter sits on the SWIA Board and Winter accepts this as a true statement.

4.      Id. page 3, lines 7-8, in which Winter testifies on Tuesday August 23, 2004 she was in attendance at a SWIA Board meeting without giving notice to the public; and further, the SWIA Board meeting was closed to the public.

5.      Id. line 12 in which the SWIA board president admits the meeting was private and closed to the public.

6.      Id. Page 4, lines 9 thru 10 in which Winter admits there were many accurate photographs taken of who attended the SWIA’s Board meeting; and, that the photographs were taken outside of SWIA’s front door as the Board members who attended left the premises (notice no mention of any one making use of a rear exit).

7.      Id. Lines 21 thru 24 in which Winter patently lies to the court by “swearing under oath,” in order to win a restraining order against this news paper reporter, that the reporter and his editor “aggressively walked very close to us [Winter and Carey] taking pictures…and [this reporter] must have been within one foot me [Winter]. Please notice the photographs themselves show Winter doesn’t think twice about lying to the court to get her way. The photographs show the two reporters never got closer than fifteen feet to Winter or Carey and were never a threat. The photographs show that Winter who claimed to be frightened for her very life was laughing at the time.

8.      Id. Page 5, line 5 in which Winter testifies SWIA is “my regular place of employment.”

9.      Photograph # 1 showing distance from Winter and a smile on her face at the very moment in time she testified to the court she was in fear for her life.

10.  A cover letter and billing statement from Direct Mail Advertising addressed to Debra Carey and Michael Carey, editors, of the IB Concerned Citizen, referencing that the IB Concerned Citizen had been published and mailed at the Careys order to every voting household in IB just five days prior to election day.

11.  The cover page of California Committee Campaign Statement showing Michael Carey, and Debra Carey are the directors and treasurers of the Imperial Beach Concerned Citizen Political Action Committee.

12.  The official minutes from City Council meeting of 5-19-04 in which:

a.       Michael Carey declares this reporters request for “public disclosure” are an abuse of First Amendment rights and that council should oppose this reporter’s disclosure request. His wife and SWIA employee Debra Carey donated extra speaking time to Michael so he could oppose “public disclosure” rights guaranteed by the First Amendment to the United States Constitution.

b.      Brian Jones, an editor of the IB Concerned Citizen, stated this reporter’s request for disclosure of public records under the Freedom of Information Act was “abusive” to city council and city staff.

c.       Dee Mc Clean, a financial contributor to the Concerned Citizen, and wife of City Councilman Fred Mc Clean, who was sitting on council at the time, demanded city council take action to see that the local news papers do not publish this reporters political comments.

d.      Robert Miller, a member of the Board of Directors of SWIA and present at the meeting described above, and who the photographs submitted with this article show Miller physically attacking this reporter as Miller leaves the secret meeting, encouraged city council to vied this reporter’s attempts at public disclosure of official records as an “abuse” of the Right to Information Act.

13.  From City Councilman’s Ron Rogers testimony to the court case GIS 18119 page 2 lines 1 thru 8, that the city council meet in secret, without any public notice and later never disclosed the secret meeting in any later public meeting as required by law and voted to spend city general funds to criminally prosecute this reporter on behalf of Mayda Winter and SWIA.

a.        A “Notice” written and signed by SWIA president William Merkin on 8-26-04 and then taped to SWIA’s front door at 708A Seacoast listing who was present at the Board meeting closed to the public as discussed above. Notice he conceals the fact that City Councilwoman Mayda Winter, and IB concerned Citizen editor Debra Carey were also present at the meeting.

14.  The cover sheet from case GIS 18119 filed by the city of IB, and paid for by the city of IB, on behalf of Mayda Winter as an “employee” of the city of IB while present at a secret meeting of the Board of SWIA.

15.  The city clerk’s official reply to this reporters request for “public records” concerning how much did the city spend in the above action and when did council vote to spend general funds in the matter. In the response, in spite of the obvious fact the city did take the legal action described, it denies it has any knowledge of any records that could be made public.

16.  Photographs # 2, 3, and 4 showing SWIA’s Treasurer, and Board member, Bob Miller exiting the secret meeting and his direct threatening progress towards this reporter which culminated in Miller physically attacking this reporter in front of sheriff deputies who then refused to take any action against Miller.

17.  Photograph # 5 showing Winter and Carey still smiling in spite of their sworn testimony to the court they were in fear for their life at the time and that this reporter was within one foot of Winter at the time.

18.  Photograph # 6 showing Winter and Carey leaving the secret Board meeting after Winter’s attendance at the meeting was discovered by this reporter. Notice again the distance the two newspaper photographers kept.

19.  SWIA’s official web site photograph of Winter and Carey.

20.  An email from City Councilman Ron Rogers stating that he believes the city spends taxpayer funds defending SWIA, and that there is a conflict of interest between SWIA and what should be legitimate city council goals.

21.  Police investigative report regarding event # S3852717 in which the police confirm SWIA Board president admits Mayda Winter is both a City Council official, and a paid employee of SWIA. Further that the SWIA meeting was called without notice to the public, was also closed tothe4 public, and that Mayda Winter was in attendance.

So what conclusion do you the reader come to? Conflict of interest or not. Let me remind you that Wednesday night, 11-28-07, your city council, Mc Coy, and Winter included have seen fit to bury, on page_35 of consent calendar item # 2.6 a city council request to the federal government for a grant for more money to SWIA. A consent item is an item the council will not discuss in public before it votes on it. So again what conclusion do you come to?

(Supporting Documents and Exhibits)

OMG!           ..Isn't that Bob "Gambit" Miller ?