New Twist In Palm Springs

Every day brings new revelations in the ongoing investigation into the city of Palm Springs. Good story by Barrett Newkirk in the Desert Sun about developer John Wessman and his bid to takeover a failed project with help from a city council vote It is well worth reading.

What I also found interesting was the fact that Dennis Cunningham, who complained about Wessman muscling in, spoke freely about his conversations with the FBI. Now I am no rocket scientist but since the FBI doesn't leak interview subject matter, the story must of have come from Mr. Cunningham. And now kids the interesting part.

The lawyer for Dennis Cunningham is none other than Dave Baron, an extremely well connected Palm Springs guy. Lawyer for the Film Festival, backer of Ginny Foat, Chair of the Yes On Measure J and close friend of Harold Matzner, he obviously approved his client talking to the Desert Sun.

It is now pretty clear that the powers that be in Palm Springs have deserted Steve Pougnet. They are letting him "Twist slowly in the wind." I doubt very much they will organize another "We love the Mayor" at the next city council meeting.

One also wonders who looks bad in relationship to the Mayor in this story. Interestingly enough, it is Paul Lewin and Rick Hutchenson who voted along with the Mayor. Hutchenson is gone but this story could hurt Paul Lewin. Ginny Foat and Chris Mills look good

 At the top level of Palm Springs politics, a game of chess is being played for high stakes as the board itself constantly changes.

Steve Kelly can be reached at skelly@rrbroadcasting.com

Palm Springs City Council No Appointments Neccesary

Interesting piece in last week's Desert Sun by Jesse Marx about the fact that the 3rd place finisher in the Palm Springs Council election could be promoted to the city council if incumbent member Ginny Foat was elected Mayor. Having been on the air covering the introduction of the ordinance that mandates this, I believe it made sense then and makes sense now.

After the defeat of Deyna Hodges back in 2001, Councilman Jim Jones resigned and asked that Ms. Hodges just take his seat. Mayor Will Kleindienst and Councilman Chris Mills were adamantly opposed and refused to allow this. On the other side, Ron Oden and Jeannie Reller-Spurgeon wanted Deyna back. After a few 2 2 votes, the city had to hold a special election and Deyna won overwhelmingly. It was a complete waste of money predicated on ego.

The new 3rd place ordinance went into effect shortly thereafter and low and behold, in the 2003 municipal elections, when Rod Oden was elected Mayor, a newbie was the 3rd place finisher in the council race behind Steve Pougnet and Mike McCullough. Her name was Ginny Foat. And that is how Ms. Foat originally got on the city council.

Now the same ordinance has been in place in DHS since 2005. To the best of my recollection, it was used only once in 2013 when Jan Pye went back on the city council after Adam Sanchez was elected Mayor.

All of the other city councils in the Valley now opt to appoint new members for vacancies. Despite people claiming the 3rd place option is undemocratic, this procedure is even worse. (Point of disclosure, I applied to fill a vacancy on the council in Cathedral City last fall. While I was treated well and the candidate chosen, John Aguilar is a fine man, the outcome was about as predictable as a pro wrestling match.)

I can understand those who call for automatic special elections but unless the city council's in the Valley give up the appointment option, then 3rd is good enough for me.

Steve Kelly can be reached at skelly@rrbroadcasting.com

Shocking Turn In Palm Springs Election

In the last few days, something horrible has happened in Palm Springs. Something so vile, so utterly unspeakable that children are weeping, and the afflicted are seeking shelter. You see, gasp, politics has invaded an election season. Akin to the Great Flu Epidemic of 1919, it is reeking havoc on what lies in it's path. It has disrupted an orderly process.

Ginny Foat was to be elected mayor. Paul Lewin and Geoff Kors to council terms as well as JR Roberts to fill the 3rd slot created by Ms. Foat's elevation to the mayor's role. No less a power broker than Harold Matzner put down 25 grand on that outcome. The Googie (Good Government crowd) in Palm Springs was along for the ride.

In the last few weeks, that orderly transfer of power has been challenged. The apostates have succeeded in changing a polling place. The election of Ms. Foat and re-election of Mr. Lewin while still a strong possibility, are no longer a sure thing. Mr. Kors appears to be a lock but I would feel much more comfortable if he would promise to bring campaign fiance to the forefront. Mr. Roberts now is in a scramble and he can only improve his position by being more aggressive.

Now the supporters of some of the establishment candidates are not taking this vulgarity lightly. There are now complaints of illegal signs and large cash donations. Hmmm, this is my 12th election season in Palm Springs and this the 12th time I have heard this. For all of you upset by the JR Roberts signs, you were equally as upset by the Yes On Measure J signs that were found to be illegal. For those of you perturbed by large cash expenditures, you were equally upset by Mr. Matzner's donations as well? I somewhat doubt it. Will outrage be forthcoming when the public safety unions mount a sign blitz for their chosen? My tears are reserved for a true victim in this election season, the empty lot next to the Valero gas station on Ramon Road.

As someone who has covered local politics for a few years, exaggerated outrage in Palm Springs elections is about as predictable as seeing Mt. San Jacinto. Now if that disappeared, I would be outraged.

Steve Kelly can be reached at skelly@rrbroadcasting.com

Pivotal Moment In Palm Springs Politics

In a move that probably she didn't want to make but ultimately may have had to, Palm Springs Council member and Mayoral candidate Ginny Foat strove to separate herself from embattled Mayor Steve Pougnet today. In an interview with the Desert Sun Editorial Board, Foat expressed anger at Pougnet and his ties to developer Richard Meaney. She also expressed frustration at her inability to unearth more about the relationship between Meaney and the Mayor which appears to be the target of a multi-agency corruption probe..

As I previously wrote, Ms. Foat's campaign had all the earmarks of a coronation at first. Despite his troubles, Mayor Steve Pougnet remained popular and Ms. Foat seemed to be running as an extension of a Pougnet third term. Then came the  September 1st raid of City Hall by the Feds. How could a candidate continue to tout all the "progress" being made if some of that was fodder for a corruption inquiry? The wheels were getting a little persnickety on the Foat bus and I am sure there were some backroom discussions on whether or not to attack the Mayor.

That is not to say this strategy is without risk.On the one hand, Mr. Pougnet still has his supporters who deem any criticism gossip or speculation. They may be upset that by expressing anger with Mayor Pougnet, Ms. Foat has gone over to the dark side and is no longer a "team" player. Foat runs the risk as being perceived as kicking the Mayor while he is down.

On the other hand, many who have been critical of Mayor Pougnet since the spring will see M.s Foat's "Road to Damascus" conversion as being too little, too late. Some may also wonder whether or not if the Foat campaign has done any recent polling and found her support was neing threatened by her being an incumbent associated with the Mayor. It is a gambit that may wind up hurting her.

I blogged the other day the ground is shifting in the Mayor's race. Today it moved a little more.

Steve Kelly can be reached at skelly@rrbroadcsting.com

Tough Times For Ginny Foat

It wasn't supposed to be like this. After  Palm Springs Mayor Steve Pougnet bowed out of the Mayor's race over the revelations of his relationship with a local developer, Ms. Foat threw her hat in the ring. Since Ms. Foat has 2 more years to go on her council term it was with little risk.

She started her campaign very well. The big shots and power brokers all signed on board. Ms. Foat checked all the boxes getting support from national LGBT organizations as well. This was looking more like a coronation than an election. Ginny Foat was well on her way to becoming the first lady Mayor of Palm Springs. Then the Feds paid a visit to City Hall.

It placed Ms. Foat in a tough position. How can you run based on all the "progress" Palm Springs has made when some of that "progress" is now under investigation?  It t is not an enviable task and one she is obviously struggling with.

Since the raid, Ms. Foat and her supporters have been aggressive responding to slights both real and imagined. I think she did not acquit herself well when the ridiculous suggestion of moving voting away from the Mizell Center was made by her political opponents. She should have never even commented on the story but  she did. It was a petty move by her opponents not worthy of discussion.

Her lunch meeting with developer Rich Meaney and Mayor Steve Pougnet while not looking great, at least in my mind, looks a lot worse for the Mayor than her.  She has meetings all the time over the city. She claims she had no knowledge of the extent of the Pougnet's relationship with Rich Meaney. 2 other people, not her supporters, with knowledge of the situation have said the same thing to me. It remains to be seen if there is any "there" there.

Ms. Foat has also been quoted talking about how much the city is cooperating with the federal authorities. The city really has no choice in the matter.

Foat's supporter's have also become more aggressive on social media. Taking a dubious high moral tone, they have denounced what they perceive as gossip and speculation. Part of this aggressiveness can be attributed to pent up frustration

Many of the Foat supporters were also supporters of Steve Pougnet, They blame mayoral candidate Rob Moon for the state of flux Palm Springs is in. There has been a whispering campaign that Mr. Moon's original political consultant Freeman Public Affairs of Orange County leaked the whole Pougnet Meaney story in the first place. Pougnet hinted at this in a rambling April statement. Mr. Moon has denied this at every chance and even if true so what? The Feds obviously think there is something to look into.

So where does this all leave Ms. Foat? She still must still be considered the front runner but the ground under her has shifted.  Should be an interesting few weeks.

Steve Kelly can be reached st stevekelly@rrbroadcasting.com

Outrageous Comment By Palm Springs Lawyer

While the dramatic raid on Palm Springs City Hall basically took up all the media oxygen in the Valley, there was another huge story that flew under the radar. The insurance company for the city of Palm Springs agreed to pay more than 2.5 million dollars to the family of Marine Corporal and Afghanistan veteran AJ DeVillena who was shot to death by 2 Palm Springs police officers back in November 2012. The shooting took place in the city parking garage in Palm Springs.

It was a horrible incident for all concerned. But there was gasoline thrown on the fire by city attorney Patrick Desmond who called the settlement a "business" decision and then proceeded to trash Corporal DeVillena. Mr. Desmond, a Long Beach State and U of San Diego Law School Grad obviously skipped school the day when they were teaching compassion and decorum. 

What Mr. Desmond did not comment on is that according to the Los Angeles Times, the Palm Springs PD in the settlement agreed to discourage it's officers from shooting at moving vehicles. A practice which in the past 3 years had led to 1 death and 2 monetary settlements. Shooting at moving cars may work on TV but in reality, it is both dangerous and ineffective. Hardly a "business" decision but a policy one.

Also the PSPD will now liaison with the 29 Palms Base to make sure Marines can be safe while partying here. This was specifically according to the wishes of Corporal DeVillena's family. 

How much more appropriate if the esteemed lawyer had just said, "We are glad to see this chapter end." But no, he had to defend at all costs the actions taken that evening by Officers Mike Heron and Chad Nordman. (Nordman is a whole column himself. He has been involved in 3 different settlements by the city. Only union protection keeps him employed.)

No one is condoning drunk driving nor disobeying police orders. But the penalty for both is not death. Mr. Desmond did neither the city or himself any honor with those remarks.

Charles Dickens in Oliver Twist wrote that "The law is an ass." The comments made by Mr. Desmond in this case may extend that phrase to the practitioner as well.

Steve Kelly can be reached at skelly@rrbroadcasting.com

Palm Springs City Council Meets The Enemy And It Is Them

Last night I had the privilege of being interviewed by local television about the raid by law enforcement of the Palm Springs City Hall. I got on the bus in time to get to my Cathedral City home to watch the Palm Springs City Council meeting. To say the meeting was strange, disappointing and sad is to do it an injustice. It was pathetic

The complete abrogation of any responsibility by the leadership of the city was completely appalling. I can understand why Mayor Steve Pougnet, who appears to be the target of the probe, would be short and succinct. He was. But the whining of other members and some of the audience was disgraceful.

First of all, there is no conspiracy by the FBI, DA, IRS and US Attorney Eileen Decker to stop "progress" in Palm Springs. Whatever has happened in the past, the current mess in Palm Springs was brought about by actions that are perceived by the above agencies to warrant investigation.

The litany of plants, er citizens spouting off praises of the council was like Shakespeare once wrote, "Sound and fury signifying nothing."  What does that, if anything, have to do with the current situation?

The chiding of the media is always a loser. The Desert Sun has done a marvelous job on this story as well as Natalie Brunnell from Channels 2 and 3. They have reported factually and professionally. Yet the response in some quarters in Palm Springs has been assinine. It really makes me wonder about the maturity level of some of the residents.

It has also been amazing that some city officials are seeking plaudits for cooperating fully with investigators. In reality they have absolutely no choice but to do so.  To not do so would risk criminal charges. 

So let us see if moving forward in the next few weeks, Palm Springs "leaders" do just that and not keep indulging in self pity.

Steve Kelly can be reached at skelly@rrrbroadcasting.com

New Jersey Comes To The Palm Springs City Hall

Being a Garden State native, this morning's developments in Palm Springs seem almost homey. My Dad was a 23 year veteran of the FBI so I welcome their visit to the fair city of Palm Springs. I may not be the only one.

Today's FBI and DA raid at the Palm Springs City Hall and at the apartment of Palm Springs Mayor Steve Pougnet certainly came as a shock to the Coachella Valley. There are at this point unconfirmed reports of of a raid at the home of developer Rich Meaney whom the Mayor worked for  over 200 grand as a consultant.

There are a few things that need to be clarified:

As of noon, no one has been arrested.

The IRS also is involved in the raid. This has to be that they are looking at possible payments that were not declared as taxable income. This means that there is a suspicion of bribery.

There are some candidates who are calling for the resignation of the entire City Council. This is grandstanding at it's worst.

It will be interesting to see if as a courtesy, the Feds ave any heads up to the local PSPD about the raid. Sometimes they do, sometime they won't for fear of a tip off.

As usual, the ostrich crowd will try to bury every one's head in the sand and say this is hurting Palm Springs. Of course it is but is necessary for the citizens of Palm Springs to have confidence in their city.

How foolish does councilman Chris Mills look for his vigorous denunciation of critics of the city back in April? And that "investigation" which cleared the city of any wrong doing?

From day one I have been asking what did Steve Pougnet do to earn 200 grand from Meaney's company which had a suspended business license? I think others with a tad more authority may be asking that same question now.

Steve Kelly can be reached at skelly@rrbroadcasting.com