Lawyer Michael Pekin has offered to settle the lawsuit against
San Benito County and former Supervisor Richard Scagliotti if the
county agrees to a list of terms, or else he will bring the Council
of Governments into the suit, he said.
Hollister – Lawyer Michael Pekin has offered to settle the lawsuit against San Benito County and former Supervisor Richard Scagliotti if the county agrees to a list of terms, or else he will bring the Council of Governments into the suit, he said.
Pekin asserts COG is a part of the lawsuit involving the controversial, anonymous group Los Valientes and county resident Juan Monteon because Scagliotti, who served on the COG board for years, used his position on the board for financial gain.
In the original lawsuit, Pekin alleged Scagliotti pressured the Board of Supervisors to take its vehicle repair contract from Autoworks to San Benito Tire, the owner of which was a tenant of Scagliotti’s. The suit also alleged Scagliotti abused his power in the county to have the Churchill Nut Plant rezoned from agricultural to manufacturing land, which made him a profit of $1.2 million. Pekin said Scagliotti had the same conflict of interests while serving as a COG member as on the board of supervisors.
Pekin wants COG board members to review reports he’s sent to County Counsel Karen Forcum detailing the allegations of corruption by Scagliotti on the COG board, and have the Fair Political Practices Commission investigate the claims. Forcum did not return phone calls Tuesday.
Newly-seated COG member and county supervisor Anthony Botelho said he’d seen the settlement offer and the request for COG to have the FPPC investigate Scagliotti, but wouldn’t comment on either.
“Because he hasn’t presented anything at COG and because it’s in litigation I have to refrain from commenting,” Botelho said. “It is frustrating, though.”
Pekin also sent a copy of the reports to District Attorney John Sarsfield, who initiated a criminal Grand Jury investigation into Pekin and the Los Valientes lawsuit a couple months ago. Sarsfield replied, saying Pekin’s allegations of Scagliotti’s corruption were incorrect and he would not take any action in prosecuting the former supervisor.
Pekin said he’s not trying to threaten COG members, but if they don’t do anything with the information he said he will amend the lawsuit to include them.
“It would be a shock to me if COG, representing its citizenry, would do nothing,” Pekin said. “I can’t be jaundiced by the tragedy of county government. I have to think COG is willing to take a new look and meet its responsibility gladly.”
In a letter to Forcum, Pekin outlined a plan to settle the suit that has dragged on for almost a year and a half. A couple months ago, Pekin included county Planning Director Rob Mendiola in the suit, claiming Mendiola was involved with Scagliotti’s alleged corruption. Pekin proposed placing Mendiola on paid leave while doing an outside investigation into him, and ordering the law firm representing Scagliotti and the county to suspend proceedings until an investigation into Mendiola is finished, among others settlement terms.
He sent the proposal to Forcum a couple weeks ago and still hasn’t heard back from her, he said. If he doesn’t receive a reply soon, he said he will nix the settlement offer and bring forth more instances of corruption.
“I am forcing Forcum’s hand. She’s known about it for over a week – it doesn’t take that long to yell, ‘police, police,'” Pekin said. “This is not static. I’m uncovering more corruption daily. If the case doesn’t settle, I’m acting on every piece of corruption I’m digging out.”
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]
