However, while in Shanghai, Caldwell signed a memorandum of understanding with CMB forbidding the city from using any of the company’s information or consultants for a period of two years. Caldwell signed the document three times — in his roles as mayor, chairman of the redevelopment agency and chairman of SCLA — just below a line that reads “the undersigned agrees to be bound by the binding provisions of this letter.”
When asked Monday if he understood the MOU to be legally binding when he signed it, Caldwell said simply, “I don’t know.”
Court documents from the city’s attorneys state Caldwell was not authorized to bind the city in a contract without approval of the council, and so the agreement he signed isn’t valid.
CMB, on the other hand, said Caldwell indicated he was authorized to approve the MOU and that signing it was part of an “ongoing and continuing fraudulent scheme” to gain inside information and use it to “unfairly compete against CMB.”
The suit goes on to allege that Caldwell and Roberts “were motivated by corruption” so that “they and their long-time cronies at Inland Energy could generate even more profit for themselves” if CMB was out of the picture.
The firm is seeking damages, plus an injunction to stop Victorville from using contacts and business plans CMB claims were gained.
Roberts did not return a request for comment from Colorado.
Brooke Edwards may be reached at 955-5358 or at bedwards@VVDailyPress.com.
Rothschild, Caldwell blast Daily Press
April 22, 2009 - 4:42 PM
FROM STAFF REPORTS
VICTORVILLE • During the “council reports” portion of Tuesday night’s meeting — usually reserved for discussing committee information or items for future agendas — Councilmen Mike Rothschild and Terry Caldwell spent several minutes disputing the Daily Press’ coverage of Victorville.
Mike Rothschild:
“I’m probably going out on a limb getting shot by the Daily Press again, but I thought the story on the bonding issue was atrocious — totally misleading. And again this points to constant harangue with no substance to it at all on their stories. Just some salacious headlines and that’s my opinion and I’m gonna ... I can die with it. I’m sure they’ll be picking on me next for it, but that’s my opinions on the Daily Press.
“Now my wife loves the coupons and the advertising parts, she practically lives for that section. There’s an incredible sports section in the Daily Press, there’s special features that are run, the business section, the ads that are in the newspaper — practically every section in that newspaper is very well done with the exception of their news section, which is scandalous. Their news section in my opinion is an editorial page. That’s all it is. It’s one personal writer’s opinion. So that’s what I’d like to put in for my comments for the council.”
Terry Caldwell:
“Mayor Cabriales, I guess based on Councilman Rothschild’s comments, I would like to give a brief report. For those who have seen the advance section of the Daily Press today, which will be tomorrow’s (Wednesday’s) paper, there’s a full, front-page article with regard to comments that I allegedly made with regard to China, CMB. The comments that Brooke Edwards put in that article were quite, quite startling to me — didn’t bear my recollection.
“I have specifically asked the City Attorney, and he’s had members of his staff research it. My comment was that it... the lawsuit is without merit, it’s frivolous. Representatives of our legal team told me today that the article which will appear tomorrow is fiction, bears no resemblance to the truth. If you haven’t read it, you’ll see it in the morning, but I feel compelled to say that. I’ll have a lot more to say once the paper hits the street, but that’s my report.”
The Daily Press approached Caldwell following these comments and gave him a chance to clarify what portions of the story he disputed before it went to press. Caldwell refused to discuss the matter at all, saying the council meeting was an inappropriate time and place for that conversation, and that he’d prefer to respond in writing after the story came out.
The Daily Press is still waiting to hear more on Caldwell’s concerns.
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