UPDATED-5-14-2008

Here's some additional late evidence that the Registrar's office is being used for political advantage by the Mitzelfelt campaign and that Mitzelfelt staffers are campaigning while on the County clock. Someone from outside the County needs to investigate these people and their actions and do something. You can do something on June 3rd, and vote Rita Vogler into office to clean house. Nowicki claims to be on vacation in the middle of the campaign.Yea sure you were, FPPC complaints are being filed on you soon!

E-mail record raises issues

E-mail records display how top San Bernardino County officials walk a fine line that separates policy from politics when it comes to campaigns.

The records show how high-ranking staffers for two members of the Board of Supervisors have reached out to the Registrar of Voters Office seeking information or directing employees there on things they should do.

First District Supervisor Brad Mitzelfelt's chief and deputy chief of staff are mentioned in e-mails from registrar's employees that were obtained by The Sun through the state's public records law.

In one case, an employee wrote that one of Mitzelfelt's staffers demanded the registrar's staff take action regarding a political opponent.

Fifth District Supervisor Josie Gonzales' chief of staff used his personal Blackberry to inquire about a potential campaign opponent of his boss, asking for help keeping tabs on the person.

It's illegal for county employees to do campaign work while being paid for their county job.

But, just as members of the private sector, when they aren't being paid for their government job, they are allowed to work on campaigns.

In all of the cases, the county officials said they made contact with the Registrar of Voters' Office on their own time.

One question, of course, is does somebody acting as a private citizen who happens to be a top county official get any added attention?

The answer, according to Registrar Kari Verjil, is no.

"As long as it's public information, we will do our best to accommodate any requests," Verjil said Tuesday.

Paula Nowicki, Mitzelfelt's chief of staff, said her time sheets reflect that she used vacation time when she was dealing with the Registrar's Office.

"As a private citizen on my own time, I should have the right to contact agencies and get answers to my questions also," Nowicki said Tuesday.

In one case, though, Mary Lou Mongar, the registrar's manager of candidate/public services, wrote to Verjil.

Mongar's e-mail said Nowicki "is demanding we call (county spokesman) David Wert" to tell him that he is releasing incorrect information with regard to an issue involving Mitzelfelt's opponent, Hesperia Councilwoman Rita Vogler.

Nowicki said she thought the term "demanding" was too strong. She said she was simply pointing out an error by the Registrar's Office that Wert was also repeating to the media.

After reflecting on the matter for a few hours on Tuesday, Nowicki said she is making a policy change for her office.

"I don't think we ever did anything to cross the line, but on the chance that county workers may feel pressured by our county positions, we will have some noncounty employees requesting information in the future," Nowicki said.

Verjil was not concerned about the involvement of county officials.

"I didn't see this as anything troubling," Verjil said. "It's research that we (would) have done for any voter or candidate.

Vogler, the subject of a complaint filed with the state Fair Political Practices Commission by Michael Orme, Mitzelfelt's deputy chief of staff, vehemently disagreed.

"I am outraged because these staff members are being paid by taxpayers to do their job, not to work on campaigns," Vogler said Tuesday.

Vogler added that she was not surprised because she has heard of High Desert county officials using intimidation tactics on government employees for the last six years.

"Political power is a very dangerous thing, and we sometimes give it to individuals who are not worthy or don't know how to handle it," Vogler said. "When I am elected 1st District supervisor, the No. 1 change that people will be able to see immediately is through the staff I surround myself" with.

In the other case involving a county official, Gonzales' chief of staff, Bob Page, seemed keen on knowing about the political activities of Vincent Laster, a San Bernardino man who is now staging a write-in campaign against the supervisor.

In one message sent at 12:35 p.m. April 24, Page told a registrar's employee to "please let me know if (the opponent) does come in to pick up the paperwork."

Page said he sent the message to the Registrar's Office over lunch from his own mobile phone. He said he made the call while on a 5-minute walk between meetings in downtown San Bernardino.

Verjil said the same request by any voter in the county would be honored.

A comparison between the Riverside County ROV website and the San Bernardino County ROV website. I'll put the link to the Riverside County ROV after I ask you to evaluate the information on each website. Please look for any and all information for candidates and the voting public on the June 3rd election. Look for user friendly access and simple instructions and explanations. Dates, time lines, access, etc. Riverside's ROV can be found here- www.election.co.riverside.ca.us/   

Next, after you have visited the Riverside County ROV website, try and find the same information on the San Bernardino County ROV. This is Kari Verjil's creation and work. www.sbcounty.gov/rov/general_info/default.asp

I'll list Verjil' actions as I know them to show that she is using the office of Registrar of Voters as a campaign tool for giving an advantage to Mitzelfelt and Hansberger, and to disadvantage and harass Vogler and Derry.

1. Verjil filed complaints against Derry and Vogler's campaign statements and scheduled the hearings in Needles to harass them.

2. Verjil ignored or took no action on valid complaints issued against Hansberger and Mitzelfelt by opposing candidates. See posts below.

3. The Registrars office filed Rita VOGLER's filings under VOLGER on the Registrar's website. Causing another frivilous FPPC complaint by Mitzelfelt's staff who couldn't find Voglers filings spelled VOLGER by the ROV.

4 Verjil wrote a letter to the Editor as the Registrar of Voters taking a position on an ongoing FPPC complaint against Rita Vogler. Violating the Code of Ethics posted on the ROV website.

5. Did not provide a Candidates Handbook as she claims in her Daily Press letter to the editor to either Bob Nelson or Rita Vogler's campaigns. (You can download the Riverside County handbook off of their ROV website-70 pages worth) No one has seen a San Bernardino County Candidates handbook?

6.Did not post any public notices on the 10 day public veiwing of the candidates ballot statements.

The week before last was very interesting in the race for the Third Supervisorial District.

It seems that the County Registrar of Voters challenged San Bernardino City Councilman Neil Derry's ballot statement on the grounds that the first paragraph by "default" refers to Incumbent Supervisor Dennis Hansberger. So the Registrar, using the Office of the County Counsel filed an immediate ex-parte request for a temporary restraining order and request for declaratory relief in the San Bernardino County Superior Court.

The story becomes interesting at this point.

The case is assigned to a Judge in Needles. That's right Needles, as in Colorado River. It seems allegedly that the Needles Court has a lighter caseload and could easily handle the issue. So, Derry through the Sacramento based firm of Olson, Hagel, and Fishburne, opposed the action by teleconference on Wednesday, March 19th. The Court hears the case and rules in Derry's favor, striking only three words.

 
Interestingly, the Derry campaign brought to the attention of the Registrar's Office the fact that Hansberger is using the ballot designation "Businessman/County Supervisor" and according to Hansberger's FPPC Form 700 has no business-related interests, and lists his only income-generating activity as that of a San Bernardino County Supervisor.

A check of the Secretary of State's website shows the status of the Supervisors only known business entity, Hansberger and Associates as suspended, with a annotation "Resigned 07/30/98".

More Drama........

Derry himself apparently brought Elections Code section 13107 to the attention of a representative of the Registrar. It appears Elections Code section 13107, states that a candidate must use as their ballot designation, only their occupation/vocation from the calendar year prior. At this point, Derry was then told the matter was being referred to County Counsel for review.

The response Derry received afterwards was classic San Bernardino County-ese, commonly known as "Deafening Silence".

Everyone is still waiting for an answer to the big question. What business activity?

I looked up Hansberger's Economic Interest Statement-Form 700- from the County Clerks page and he lists his wife's medical practice job but he writes that he no interest in the business. It's on this screenshot- Your Business Position None/ Spouse. No other business is reported for 2007 by Hansberger, so Derry is right.

 From the post above we learned that Verjil herself as Registrar of Voters filed against Neil Derry and Rita Vogler campaign statements and had the hearing in Needles for both of these candidates. Derry filed a complaint against Hansberger's statement and was ignored by Verjil. The next post is from Bob Nelson who is also a candidate for 1st District County Supervisor.

From Bob Nelson. As a candidate for First District Supervisor, for the purpose of correcting any errors, I receved an advance copy of the Registrar’s proposed ballot listing for each of the four candidates. The next day, I faxed back an objection to Brad being listed as “San Bernardino County Supervisor” without the qualifing word “appointed” as mandated by section 13107(a)(4). The Registrar ignored my complaint.

On April 21st I submitted a formal complaint to Marsha Sage, our county’s Chief Ethics and Compliance Officer regarding the Registrar’s refusal to correct the ballot listing.

Here is the language from the California elections code.

(4) The phrase “appointed incumbent” if the candidate holds an office other than a judicial office by virtue of appointment, and the candidate is a candidate for election to the same office, or, if the candidate is a candidate for election to the same office or to some other office, the word “appointed” and the title of the office. In either instance, the candidate may not use the unmodified word “incumbent” or any words designating the office unmodified by the word “appointed.” However, the phrase “appointed incumbent” shall not be required of a candidate who seeks reelection to an office which he or she holds and to which he or she was appointed, as a nominated candidate, in lieu of an election, pursuant to Sections 5326 and 5328 of the Education Code or Section 7228, 7423, 7673, 10229, or 10515 of this code.

So why has Kari Verjil allowed Brad Mitzelfelt to be designated as “San Bernardino County Supervisor”?

So we had 2 valid complaints against Hansberger and Mitzelfelt from 2 other candidates filed within the allowed time frame and Verjil IGNORES them. Yet acting as the Registrar of Voters- Verjil files injunctions against Derry and Vogler. And schedules the hearings in Needles, not San Bernardino- not Victorville.