Overview: The investigation report by the JL Group has revealed that San Bernardino City Hall intentionally excluded Councilmember Kim Calvin from the process of selecting the new city manager, Charles Montoya. This has been described as taxation without representation and disenfranchisement of the Black community. The report also highlighted the racial demographics of the council selection decision, with white candidates overrepresented and Black candidates underrepresented. The Westside Action Group has requested the District Attorney to investigate the city on these issues.
Hardy Brown, Sr.
Last week, I presented my opinion on the current investigations facing the leadership of San Bernardino City Hall. Now to the second investigation of the Attachment to Executive Summary, Factual Analysis and Findings.
“Item #1 Identification of suitable candidates for presentation to the City Council.” The JL Group wrote in their first paragraph; “to facilitate the city manager recruitment process–for the city manager position, conducted individual meetings with all councilmembers, excluding Kim Calvin, to gather their specific criteria and preferences for the next city manager.” The months of “ May, June, and July were dedicated to sorting through applications and reaching out to diverse city manager contacts with the aim of attracting the most qualified candidates for the position. After going through the initial pool of 67 candidates, [position] Witness B presented a list of the top ten candidates to the City Council.”
In my opinion, this finding as stated by JL Group where Councilmember Calvin was “INTENTIONALLY” left out of providing input into the QUALIFICATION CRITERIA for the SELECTION of the new City Manager Charles Montoya, is tantamount to taxation without representation, plus disenfranchising Blacks and the entire Westside community. This has been the history of how we are treated in this city, going way back to having freeway on and off ramps, entering and exiting from the white side of town; taking 6th Ward tax dollars and building Shandin Hill Golf Club on Little Mountain in the white community, and more recently where Councilmember Sandra Ibarra stated that the Black City Manager Charles McNeely was showing preferential treatment to the 6th Ward for holding a city town hall meeting at 16th Street SDA Church hosted by Pastor Wade Forde. When McNeely’s staff responded back with several examples of city meetings held in her ward there was complete silence from Ibarra. Ted Sanchez came charging to rescue her and then advocated to build a storage building in the 6th Ward over the objections of the community’s Black residents and Councilmember Calvin.
Why do I say the selection and hiring process is taxation without representation, maligning and disenfranchising the Black citizens specifically and all citizens in the 6th Ward Westside community collectively. On page two of the Executive Summary Factual Finding I read this: “This comprehensive approach aimed to present candidates who not only met the necessary qualifications but also resonated with the specific expectations and priorities outlined in the criteria to the San Bernardino Council.” This statement is not true because the report stated Calvin was intentionally excluded from the process to select a city manager. The JL Group said the top ten candidates list appeared to be fair and balanced, so it was presented to the mayor and council. According to the JL Group investigation report every ward was represented in every step of the selection process of Montoya, again this is not true. I guess like Donald says, if you repeat the untruth over and over people will think it is a FACT and as Montoya loves to say that’s a FACT.
In the JL Group report, they list these racial demographics in the council selection decision:
Attorney Work Product Chart
| Race/Ethnicity | US Census Data for San Bernardino | San Bernardino City Council Members | Top Ten City Manager Candidates |
| White | 13.8% | 13% | 20% |
| Black | 12.3% | 38% | 50% |
| Hispanic | 67.5% | 38% | 20% |
| Asian | 4.2% | 13% | 10% |
| American Indian | 1.3% | — | — |
| Pacific Islander | .3% | — | — |
What the report left out was the city’s racial employee demographic, which was white 39%, Black 11%, Hispanic 45%, Asian 3%, American Indian 1%, Filipino .5%, two or more races 2% in 2021, with only 26% living in the city. If my memory is correct, all of the paid top managers for the city were white males that reported to the mayor, going back to Olin Jones in the 70’s. When you analyze the employee demographics, whites are overrepresented as city employees and other races underrepresented yet Blacks were half (50%) of the top ten candidates who applied for the city manager position. And according to the investigation report the number one candidate was Black with no negative news articles like Steve Carrigan and Charles Montoya. From my years as a Human Resources Manager with the responsibility for developing and implementing Affirmative Action Programs, the numbers are only used as a guide for the hiring authority and identify disparities in your hiring practices.
In my opinion, in this case it was a good outcome to hire a Latino based on the historical numbers, but the selection process violated a series of well-established laws and personnel practices including the Brown Act.
Look at the nine people who have occupied the city manager position by name, gender, and race since February 2009. Two of the people held the position twice,
Charles McNeely, Black male, 2009-2012
Andrea Miller, white female, 2013 (Acting)
Allen Parker, white male, 2013 (Agreement settled after closed session leak) Jarrod Burguan, white male, (Interim)
Mark Scott, white male, (Retired)
Andrea Miller, white female, (Fired)
Teri Ledioux, white female, (Retired)
Rob Field, white male, (Fired)
Charles McNeely, Black male, 2023 (Interim)
In my opinion the scheme was put into place to remove the Black and white candidate from the process by leaking what was going on in Closed Session through Frank Rojas, of Koff & Associates, Suzie Soren, Director Human Resources and Thomas Rice of Best Best & Krieger because they are listed as witnesses in Steve Carrigan’s claim against the city and are quoted in his summary of FACTS telling Carrigan everything that was going on in CLOSED SESSION.
Yet JL Group is trying to lay the Blame on the Black community and Councilmember Kim Calvin by MALIGNING and DISENFRANCHISING a RACE of people because they are BLACK AMERICANS. This BOGUS SCHEME will not be ignored by Westside Action Group, who has requested Jason Anderson, District Attorney to Investigate the city on these issues.