Early last week, Autoworks owner Don Kelley
– citing an investigative report alleging corruption in county
government – requested the Board of Supervisors consider revoking a
vehicle maintenance contract with San Benito Tire.
The county rejected his petition to place such an item on the
Oct. 28 agenda because litigation is pending on the same
matter.
Early last week, Autoworks owner Don Kelley – citing an investigative report alleging corruption in county government – requested the Board of Supervisors consider revoking a vehicle maintenance contract with San Benito Tire.
The county rejected his petition to place such an item on the Oct. 28 agenda because litigation is pending on the same matter. Salinas lawyer Michael Pekin, who represents the “Los Valientes” group of residents who commissioned the private investigation and filed the suit, also represents Kelley.
Regardless of the county’s denial, Kelley and Pekin plan to attend Tuesday’s 9:30 a.m. Board meeting to speak during the public comment period. During that portion, residents can address issues not on the agenda for a maximum of three minutes each.
It is, however, the discretion of the Board chairperson, Supervisor Richard Scagliotti, whether to allow speakers more time. Scagliotti’s alleged misdeeds are the focus of the investigation, and Kelley’s petition.
“The rejection of placing the item on the agenda, as properly put forth by Don Kelley, speaks for itself,” Pekin said.
He went on: “We are going to make any presentations permitted.”
Kelley and Pekin are disputing a three-year contract starting in August 2002 with San Benito Tire for maintenance of the county’s 155-vehicle fleet. Autoworks was one of three other local businesses to lose the bid for the contract.
Kelley’s petition for the Board agenda requested the contract with San Benito Tire be revoked and temporarily placed with Autoworks until a re-bid can occur.
The investigative report alleges San Benito Tire negligently conducted work on vehicles during a previous one-year commitment. Furthermore, the report claims, Scagliotti should not have taken an active role in recommending the latest contract. He maintained a business relationship with San Benito Tire owner Bob Cain; the two were negotiating on a possible move for San Benito Tire into a Scagliotti-owned property in Hollister, according to city Planning Department records.
During an 11-month interim between the two contracts, the county Sheriff’s Department took its 22 cars to Kelley’s shop. That’s when Kelley says he found “catastrophic failures” on the vehicles.
“I’m going to try to get the point across as much as I can,” Kelley said of the three minutes allotted. “I’m just basically stating the facts, and I guess that’s what we have on our sides.”
The county reasoned that the Los Valientes suit alludes to the San Benito Tire allegations and the five other cases of alleged corruption also included in the investigative report.
The focal point of the Los Valientes suit, though, which aims to abolish the Growth Control Initiative, alleges the five Supervisors violated the state open meetings law. The report claims the Supervisors held an illegal “serial meeting” through a series of discussions during the initiative’s drafting.
The initiative, called Measure G, is currently slated for a public vote on the March ballot. The Los Valientes suit was filed in opposition to another pending suit from local resident Rebecca McGovern.
McGovern, backed by the prominent environmental law firm Earthjustice, claims the initiative’s placement on the ballot was illegal because the signature referendum that got it there omitted mandatory language.
A court hearing on the matter is currently scheduled for Wednesday.
Regarding the county’s reasoning for disallowing the Board agenda item, Pekin pointed out Kelley has no involvement with the Los Valientes lawsuit.
“How did he lose his right to approach his own Board on a clear violation of political practices and the terms of the contract itself?” Pekin said.
Pekin did not definitively say whether the county’s denial would lead to another lawsuit. He did, however, affirm it as a possibility.
“If the county will not even hear Kelley’s complaint, doesn’t that just give rise to more court injunctive involvement?” Pekin said. “How can the Board justify this?”
