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Naacp Probes Use Of Measure Z Funds |
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Thursday, 15 March 2007 |
SAN BERNARDINO
By Chris Levister
Saying the San Bernardino City Council may have violated its
fiduciary responsibility to its citizens, the SB chapter of the NAACP has
launched an investigation into the allocation of funds derived from the
voter-approved public safety initiative known as Measure Z.
In a scathing letter to members of the council, local
chapter president Walter Jarman wrote that by allocating 100% of Measure Z
proceeds to police suppression city leaders "ignored" and "dispensed" with the
"voice of the people."
"The council is a legal body of public officials elected to
carry out the business of the people. Our position is there is a disturbing
disconnect between what voters overwhelmingly agreed to last November versus
what they got," said Jarman.
Jarman claims vigorous objections, and cautions made by the
NAACP, Mayor Patrick Morris and others from the community to fund crime
intervention and prevention programs were consistently taken lightly or
disregarded. "San Bernardino
city leaders must be held accountable," said Jarman.
Jarman said the Legal Redress Committee of the local NAACP
will conduct a comprehensive review of the Measure Z initiative and the
subsequent action taken by the council.
"No stone will be left unturned. The State Board of Equalization,
the Internal Revenue Service, the county
Registrar and other
government enforcement agencies have been called to assist in the
investigation," said Jarman.
Jarman would not rule out a probe of allegations of
influence peddling - that a powerful special interest - the police union is the
tipping point that drove City Council members Neil Derry, Wendy McCammack, Chas
Kelly and Tobin Brinker - to cast a solid majority - voting to spend 100
percent of the first installment of Measure Z funds on police.
Jarman said despite a published report, the NAACP is not
accusing specific individuals or groups of misappropriating funds.
"Without compelling evidence, we would not make such a
claim. This investigation will center on the original language of the initiative
and how it is being interpreted and implemented by the council.
Jarman insists however, if evidence developed by the
committee points to improprieties by any member of the council or special
interest group to include the police union, those findings will be included in
its review and the public will be notified.
The results of the review, he said will be submitted to the NAACP State,
Regional and National offices for their consideration and or action.
On February 20, council members devoted the initial $1.5
million proceeds from Measure Z to the Police Department, despite objections
from Mayor Pat Morris and hundreds of protesters, including Jarman, who argued
that the initiative clearly stated two-thirds of the revenues were to be spent
on crime intervention and prevention programs.
A council minority agreed to the police expenditures
following a series of contentious deliberations and a compromise to allocate
$114.000 in city reserves for youth programs.
City leaders have downplayed the legal ramification of the
NAACP investigation citing by law a general-fund tax - like the quarter cents
sales tax increase cannot be mandated for specific expenditures or programs.
Critics claim the city is now attempting to alter the
language of the initiative by calling the tax "general use" to avoid the
appearance of violating the original intent of the measure.
Legal experts say critics would have to prove city leaders
willfully violated the letter of the law. During the campaign for Measure Z
last fall, fliers and other advertising literature overwhelmingly stressed
Measure Z as a police tax, specifically touting its intent to hire 40
additional police officers.
City Attorney James F. Penman urged the council to find
money for anti-crime social programs, irrespective of Measure Z.
Mayor Morris said he was disappointed by the outcome but
holds out hope that the council will reorder its priorities in the future.
The debate over Measure Z funds has sharply divided the
council. While Councilman Neil Derry has repeatedly vowed to deliver "every
penny" of Measure Z to police, other members have promised to support youth
programs with future revenues from the tax hike.
Some members of a citizen advisory committee on the use of
Measure Z funds have accused the council of bad faith.
One unidentified member called the city's strategy on crime
fighting a "shell game."
"The voters were bamboozled into approving what was
advertised in the initiative as a three prong crime-fighting tool -
suppression, intervention and prevention. What we got was the result of bait and switch. There is
clearly a powerful faction on the council who has no intention of carrying out
the will of the people."
Jarman said if the investigation uncovers violations or
wrongdoing by city leaders the panel will urge the council to resolve the
allegations locally. "Measure Z is local public policy that warrants local
resolution. However, if those efforts are unsuccessful we fully intend to
exercise options that would ensure the citizen's civil rights, social justice
and equal opportunity under law."
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