The Paper 10.03.13

Page 1

Volume 43- No. 40

Escondido Mayor Sam Abed

Commentary by lyle e davis

A storm appears to be brewing above the city of Escondido and the focus of that storm centers on City Manager Clay Phillips and Mayor Sam Abed, perhaps others.

We are concerned about Escondido and what is going on in the sometimes less than tidy halls of government. So are others.

At issue is who knew what and when about the forced “retirement” of former Chief of Police, Jim Maher. Who made the decision to offer him $150,000 in severance pay, payable in two installments of $75,000 each? Did the City Council authorize it? If so, it must have been held in closed session and, even then, it should have been noticed as to a subject under discussion. It most certainly was not an action taken in an open council meeting.

Did Mayor Sam Abed, on his own, authorize the settlement? If he did then that appears to be a violation of Executive Power. Did he consult and gain the necessary The Paper - 760.747.7119

website:www.thecommunitypaper.com

email: thepaper@cox.net

October 03, 2013

City Manager Clay Phillips

three votes to back his decision? If he did, that’s a violation of the Brown Act.

Did City Manager Clay Phillips make the decision and take the action on his own?

Mayor Abed says Phillips has that authority as City Manager. We don’t think so. For the council to authorize Phillips to spend $150,000 at his own discretion is another abuse of power and poor management. It stretches the imagination to suppose that Phillips would take such an action without first consulting Mayor Sam and/or the majority of the council . . . which, again, is a violation of the Brown Act.

Further, it is alleged that the city has held up the second payment of $75,000 to Maher, which was due in July, because he refuses to sign a letter agreeing not to run for public office in the city of Escondido, nor to make any public comment about candidates for office, or to endorse any candidates. That appears, if true, to violate the Election Code and could place Mayor Abed and City Manager Clay Phillips in deep legal trouble and raises

Deputy Mayor Olga Diaz

the question of conspiracy, bribery and extortion.

Which could mean jail time, if charged and convicted. What, if any, impact, such charges would have on the balance of the City Council is not known but one can guess it doesn’t help Mayor Abed’s run for a second term. The Election Code reads:

California Elections Code:

18205. A person shall not directly or through any other person advance, pay, solicit, or receive or cause to be advanced, paid, solicited, or received, any money or other valuable consideration to or for the use of any person in order to induce a person not to become or to withdraw as a candidate for public office. Violation of this section shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

Repeated attempts by The Paper, the Union-Tribune, and other media, to get answers from City Hall has been both frustrating and unsuccessful. Similarly, non-

Councilman Ed Gallo

media types, you know, those folks called taxpayers or voters, have made similar inquiries and with similar unsuccessful results.

It took a concerted effort by the ACLU to force the city’s hand, under threat of litigation, before the city agreed to release the Severance Agreement and the Amendment to that Agreement.

The Paper believes it is time for an independent, outside agency to come in and investigate what all went on. They need to issue subpoenas, take depositions, investigate the circumstances in depth and then take whatever action is appropriate. If all parties at the city of Escondido come out innocent as the driven snow . . . then that’s just ducky.

But if they are found to be involved in a conspiracy, in bribery, in extortion, in coercion . . . then let the chips fall where they may. Several of these counts are, as you may know, felonies. It is simply difficult for us to sit on the sidelines and watch the public’s money being spent

“Escondido and it’s Troubles” Continued on Page 2


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