VANGUARDIANS
POB 11202
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are tax deductible – Rev. Proc. 92-85, 1992-42 I.R.B. 32
VIGILANCE leads to ACCOUNTABILITY
Scott Howard, City Attorney
City of
613 E
Broadway
RE: Complaint under GMC 2.83
– Elected official, Dave (David G.) Weaver
Dear Attorney Howard:
On behalf of the Glendale
public I am filing this complaint alleging a violation of the GMC 2.83.Code of
Ethics about the improper use of the official position of Council member Dave
Weaver for the following involving his position on the executive committee of
Virgelia Productions, Inc. of
Complaint against David G.
Weaver, Council member,
1
The free use of
Glendale Police officers, police cars and radios, police equipment, training
and liability insurance for the Miss Asia Pageant, operated by Virgelia
Productions, Inc. on whose executive committee Mr. Weaver sits, held at the
2
Free use of the
Central Library Auditorium and other space for which others are charged a set
amount of money in advance for the use of the space and facilities. According
to published schedules the library provided $2540 worth of facilities for
gratis. In violation of GMC2.83.030 A & B, GMC 2.83.040, GMC 2.83.050 A, B
& E, GMC 2.83.070. All records are in the care, custody and control of the
City of
3
Cases of Water
from the GWP that have only been available for City events and to
4
The payment of
money by Benvani Corporation for the use of the Alex Theater for the Miss Asia
Pageant on whose executive committee the Council member sits within days of a
$6,000,000 payment to Benvani for the City’s purchase of open space (Flint
Canyon). . In violation of GMC2.83.030 A & B, GMC 2.83.040, GMC 2.83.050 A,
B & E, GMC 2.83.070. All records (with regard to City actions) are in the
care, custody and control of the City of
5
The use of facilities
in Pasadena (Marantha High School Auditorium) controlled by Dorn-Platz while
Dorn Platz had business pending with the City and the Glendale Redevelopment
Agency (240 N Brand and parking exceptions) on whose Board Council member
Weaver sits for the use of the Miss Asia Pageant. . In violation of GMC2.83.030
A & B, GMC 2.83.040, GMC 2.83.050 A, B & E, GMC 2.83.070. All records
(with regard to pending business before the City) are in the care, custody and
control of the City of
6
The use of the Royal
Palace Banquet Hall for a reception while a $40,000 façade improvement program
was being approved. In violation of GMC2.83.030 A & B, GMC 2.83.040, GMC
2.83.050 A, B & E, GMC 2.83.070. All records regarding façade improvement
are in the care, custody and control of the City of
7
Accepting funding for
the Miss Asia Pageant from Gangi Development that had business before the City
Council. In violation of GMC2.83.030 A
& B, GMC 2.83.040, GMC 2.83.050 A, B & E, GMC 2.83.070. All records are
in the care, custody and control of the City of
8
Charter Cable, a
franchise in the City of which Council member Weaver voted provided free
services to the Miss Asia Pageant. In
violation of GMC2.83.030 A & B, GMC 2.83.040, GMC 2.83.050 A, B & E,
GMC 2.83.070. All records are in the care, custody and control of the City of
9
Kajima Construction was
a sponsor of the Miss Asia Pageant while obtaining permits and approvals for
the construction of Embassy Suites. In violation of GMC2.83.030 A & B, GMC
2.83.040, GMC 2.83.050 A, B & E, GMC 2.83.070. All records are in the care,
custody and control of the City of
10
A press release from
the City of
11 Mr. Weaver is the person that received the insurance certificate for Virgelia Productions. Indicating his business relationship. Although not a part of this complaint he did receive the certificate of insurance for 2007 from a different vendor.
12
Supershuttle was a sponsor and was a service provider to the
13
ABC7 provided
services to Miss Asia while an Owner Participation Agreement was being prepared
for the parent organization, Disney. In
violation of GMC2.83.030 A & B, GMC 2.83.040, GMC 2.83.050 A, B & E,
GMC 2.83.070. All records with regard to the OPA are in the care, custody and
control of the City of
The GMC sections below that are marked with ##
are the applicable sections in this complaint.
2.83 CODE OF
2.83.010 Declaration of policy
A. The proper operation of local government requires that elected and
appointed officials be independent, impartial and responsible to the people;
that public office not be used for personal gain; and that the public have
confidence in the integrity of its government. In recognition of these goals,
there is hereby established a code of ethics and conduct for all elected and
appointed officials whether paid or unpaid. The purpose of this chapter is to
establish ethical standards of conduct for all such officials by setting forth
guidelines and those acts or actions that are incompatible with the best
interests of the city.
B. Public officials are bound to observe in their official acts the
highest standards of performance and to discharge faithfully the duties of
their office regardless of personal considerations. Recognizing that the public
interest must be their primary concern, their conduct in both their official
and private affairs should be beyond reproach. The provisions of this chapter
are hereby declared to be in the best interest of the city and for the
protection of the public health, safety and welfare of its citizens. (Ord. 5219 (part), 1999)
2.83.020 Definitions.
For purposes of this chapter, the following terms shall have the meanings specified:
Boards and Commissions.
The terms "boards and commissions" and "boards or
commissions" includes all appointed boards or commissions under the
Glendale Charter, Title 2 of the Glendale Municipal Code, 1995, and any other
board, commission or committee where the members are appointed by the city
council.
Official.
The term "official" or "officials" shall include the
members of the city council and members of all boards and commissions as set
forth in the Charter, Title 2 of the Glendale Municipal Code, 1995, or any
other board, commission or committee where the members are appointed by the
city council.
Private Advantage/Benefit/Gain, Etc. As
used in this section, the terms "private advantage," "private
benefit," "private gain," or "economic gain" mean any
personal advantage, benefit or economic gain, distinct from that enjoyed by
members of the public without regard to official status or not resulting
naturally from lawful and proper performance of duties. (Ord.
5219 (part), 1999)
##2.83.030 Fair and equal
treatment.
##A. No official shall request or permit the use of city-owned
vehicles, equipment, materials or property for personal convenience or profit,
except when such services are available to the public generally or are provided
as municipal policy for the use of officials in the conduct of official
business.
##B. No official shall grant any special consideration, treatment or
advantage to any citizen beyond that which is available to every other citizen.
(Ord. 5219 (part), 1999)
##2.83.040 Avoidance of
impressions of corruptibility.
Public officials should conduct their official affairs so as not to
give a reasonable basis for the impression that any such official can be
improperly influenced in the performance of his/her public duties. Such officials
should conduct themselves so as to maintain public confidence in their
performance of the public trust and the government they represent. They should
not be a source of embarrassment to city government and should avoid even the
appearance of conflict in the conduct of their public duties. (Ord. 5219 (part), 1999)
##2.83.050 Improper
activities. No official shall engage in any enterprise or activity which shall
result in any of the following:
##A. Using the prestige of influence of the city office including board
or commission membership for private gain or advantage of himself/herself or
another.
##B. Using time, facilities, equipment or supplies
of the city of
C. Using official information not available to the general public for
his/her private gain or advantage or that of another.
D. Personally or through an intermediary receiving or accepting money
or other consideration from any person or entity other than the city of
Glendale, or agency or board of which they are a member (e.g., Alex Regional
Theatre Board; Burbank, Glendale, Pasadena Airport Commission) where such
receipt or acceptance is intended as consideration for the performance of acts
done in the regular course of official duty. Example: An architect who is a
member of the DRB which will determine the matter, and is hired to draft plans
and/or advise a client and is paid for such services, is not in violation of
this section assuming the architect is not otherwise in violation of state law
or other provisions of this chapter.
##E. Receiving or accepting, directly or indirectly, any gift or favor
from anyone doing business with the city of Glendale under circumstances from
which it could reasonably be inferred that such was intended to influence
him/her in the performance of his/her official duties, or as a reward for
official action. (Ord. 5219 (part), 1999)
##2.83.070 Improper use of
city position or prospective position.
No official of the city, and no candidate for elective city office,
shall use his/her position or prospective position, or the power or authority
of his/her office or position, in any manner intended to induce or coerce any
person to provide, directly or indirectly, anything of value which shall accrue
to the private advantage, benefit or economic gain of the official, or of any
other person. This section does not apply to campaign contributions solicited
or received consistent with State and local laws. (Ord.
5219 (part), 1999)
2.83.090 Protection of employees
and others against retaliation for reporting fraud, waste or misuse of office.
A. No official of the city shall use or threaten to use any official
authority or influence to discourage, restrain or interfere with any person for
the purpose of or preventing such person from acting in good faith to report or
otherwise bring to the attention of the city or other appropriate agency,
office or department, any information which, if true, would constitute a gross
waste of city funds, gross abuse of authority, a specified and substantial
danger to public health or safety due to an act or omission of an official, or
use of a city office or position or of city resources for personal gain.
B. No official of the city shall use or threaten to use any official
authority or influence to affect or a reprisal against a city official,
employee, or any other person who reports or otherwise brings to the attention
of the city or other appropriate agency any information regarding the subjects
set forth in subsection A, above. (Ord. 5219 (part),
1999)
2.83.110 Penalties for noncompliance-No new legal
rights created.
A. In addition to any other penalty provided by law, violation of any
provision of this chapter shall be a basis for disciplinary action of a board
or commission member, including removal from the position to which he/she was
appointed. Any elected official who violates this chapter may be subject to
censure by the city council or other remedy permitted by law.
B. This chapter shall not be construed to create a cause of action or
other remedy for damages against the city of
2.83.120 Code of ethics supplements existing law.
This chapter is intended as an addition to and supplement of federal, state and
local laws relating to the subject matter addressed herein. (Ord. 5219 (part), 1999)
Should you consider that your office has a conflict of interest as you
are the attorney for the Council please let me know and/or feel confident to
forward this complaint to the Los Angeles County District Attorney or the
Attorney General of the State of California providing me with the information
as to the disposition or forwarding of this complaint by August 22, 2007
As the GMC 2.83.110 only provides for censure by the Council, it is our
opinion that as these egregious acts have been previously brought to the
attention of the Council and they have chosen not to place this on the agenda,
and that Council member Weaver has not offered to make the City whole for its
losses, that he has continued to violate this code and that he has shown no
regret or remorse, that this matter be investigated under State and/or Federal
law pursuant to GMC 2.83.120
This complaint is being sent by email and the exhibits are being hand
delivered along with a copy of the complaint. Response by email is requested.
Sincerely,
Barry Allen
Executive Director
Exhibits:
1
Corporate Status
Virgelia Productions owner of Miss Asia Pageant
2
Letter from
Council member Weaver to Chief of Police Adams
3
Schedule for
personnel and police vehicles
4
2 pages Email
from Weaver to Library Director confirming dates for use of library facilities
5
GWP Event
participation for Miss Asia
6
GWP Sponsorship
guidelines
7
Alex Theater T
& C for Virgelia Productions use of Theater
8
Corporate Status
of Benvani Inc
9
City Council
Minutes of Special Meeting November 9, 2005 indicating Mr. Weaver’s vote on the
open space purchase of Flint Canyon (3 pp)
10
Copies of Checks
from Benvani Inc to
11
Certificate of
Liability Insurance showing it was sent to
12
Certificate of
Liability Insurance showing it was sent to
Exhibit 1: Corporate Status Virgelia Productions owner of Miss Asia Pageant
Exhibit 2: Letter from Council member Weaver to Chief of Police Adams
Exhibit 3: Schedule for personnel and police vehicles
Exhibit 4: 2 pages Email from Weaver to Library Director confirming dates for use of library facilities
Exhibit 5: GWP Event participation for Miss Asia
Exhibit 6: GWP Sponsorship guidelines
Exhibit 7: Alex Theater T & C for Virgelia Productions use of Theater
Exhibit 8: Corporate Status of Benvani Inc
Exhibit 9: City Council Minutes of Special Meeting November 9, 2005 indicating Mr. Weaver’s vote on the open space purchase of Flint Canyon (3 pp)
Exhibit 10: Copies of Checks from Benvani
Inc to
Exhibit 11: Certificate of Liability Insurance showing it was
sent to
Exhibit 12: Certificate of Liability Insurance showing it was
sent to
