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Audit IX - Office Of The City Clerk

City tries to portray Shelby Hanvey as 'Deputy City Clerk' to cover violations of State Law.

Our system of government is based on checks and balances. The position of City Clerk is designed to be an important separate body of the legislation, not an extension of the City Manager.

City Clerk duties are created by state law and local ordinances. Beaumont Municipal Code lists the city ordinances governing the city clerk in section 2.08.010 – 2.08.040 and names the body of government as: ''..a city council, city clerk, a city treasurer, chief of police, recorder, city attorney, …'' The city ordinances have not been updated since 1913 when Beaumont only had a few hundred people.

When the Brown Act refers to the duties of the 'legislative body' they are referring to those officers assigned to specific duties listed under California State Law. The duties of one legislative body can not be transferred or assigned to the personal secretary of a separate legislative body.

California State Law lists the duties of the City Clerk under Government Code 40801 - 40814:

40801: The city clerk shall keep an accurate record of the proceeding of the legislative body and the board of equalization in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a comprehensive general index.

40802: The city clerk is the accounting officer of the city and shall maintain records readily reflecting the financial conditions of the city.

40804: The city clerk shall cause a summary of the city's financial report required by Section 53891, in a form prescribed by the State Controller, to be published once in a newspaper of general circulation, pursuant to Article 1 (commencing with Section 6000), chapter 1, Division 7, Title 1 of the Government Code. If there is no such newspaper he shall cause copies of the statement to be posted in three public places in the city designated by ordinance as the places for posting of public notices.

40806: The city clerk shall keep a book marked ''ordinances'' and record in it all city ordinances with his certificate annexed to each, stating:

( a ) It is a true and correct copy of a city ordinance.

( b ) The ordinance number.

( c ) It has been published or posted pursuant to law.

40810: The city clerk is the ex officio assessor unless the legislative body provides for the assessment and collection of city taxes by county officers or otherwise.

40811: The city clerk is the custodian of the city seal.

In the City of Beaumont the office of the City Clerk is ceremonial only. Page 33 of the Budget lists the Staffing for the City Clerk Department as one (1) part time City Clerk with total wages of $2,000. The current City Clerk is paid $34.50 every two (2) weeks.

The City of Beaumont has claimed that Shelby Hanvey is the 'Deputy City Clerk', but Hanvey is listed on the Employee Rooster as 'Assistant to the City Manager' and all of Hanvey's salary and benefits are derived from the City Manager Department. It is Hanvey that signs all documentation that should only be verified by the city clerk.

I called the City of Beaumont and asked for the 'City Clerk'. Hanvey came to the phone and said: “This is Shelby.” I stated my name, date, time, and said: “This conversation is being recorded. State your Name and Job Title”.

Hanvey immediately put me on hold again without disclosing her name and job title.

I am then transferred to the City Attorney and I say to him: “This conversation is being recorded. State your name and Job Title”. The City Attorney then twice states: “You can't record me, it's a federal crime”. Then he hung up.

A government employee on a government telephone line on the government payroll has no expectations of privacy. It is unclear if the City Attorney was trying to intimidate me or if he simply has no concept of the law.

This post is contributed by a community member. The views expressed in this blog are those of the author and do not necessarily reflect those of Patch Media Corporation. Everyone is welcome to submit a post to Patch. If you'd like to post a blog, go here to get started.

Libi Uremovic February 15, 2013 at 11:58 PM
the elected and appointed officials of the government are the servants of the people ...and just like in 'real life' when the employer says jump the employees either start jumping or get off the payroll... can you imagine someone telling their boss: 'i treat you like dirt and steal from the company because you didn't talk nice enough to me'
Libi Uremovic February 16, 2013 at 12:21 AM
locally - county auditor/controller, grand jury, d.a. special operations state - auditor/controller, state dept. insurance commission, board of accountancy federal - f.b.i. i've got no complaints with any of them...everyone has gotten back to me fast and seems to be doing their job... i've still have to turn in the city attorney to the cali bar association, but i'm 'target marketing' for the f.b.i right now...they like to go after the big dogs....me too...
Libi Uremovic February 16, 2013 at 12:28 AM
the financial update also list dept 1200 - administration - with payroll at $732,268 for 6 months, but this should be about $ about 573,000 including cigna....the cigna hit for this dept is $8,000/month... ...which begs the question - where did the other $1/4 million ..??? this is the dept that has health benefits for urban logic employees hidden in the back...maybe that has something to do with it...
Libi Uremovic February 16, 2013 at 01:44 PM
i left out the bank that handed the city $1/4 billion knowing there was no way to pay it back...
Washy February 16, 2013 at 01:47 PM
So not really prosecution so much as investigators (at this point). No body is being prosecuted at this point......
Libi Uremovic February 16, 2013 at 02:05 PM
prosecution has to do their own investigations, but the audit saves them hundreds of man hours so they can use their resources to gather other information... the reason i say 'prosecution' is because some investigative agencies don't want their activities revealed ... and yes, the city has gone to various agencies to try to stop the audit ...... ...how's that working out for you good 'o boys ...??? the city can always have their city attorney get on the phone to wow them with his 'expertise' ...
Judy Bingham February 16, 2013 at 04:33 PM
The same City Attorney that right before a City Council meeting served me with an adminstrative warrant to search my property while Urban Logic's Dave Dillon and Ernie Egger stood behind him laughing ? The same City Attorney who threatened to send 15 government agencies onto my property and shut down my business if I spoke at another City Council meeting ?The same City Attorney who said there was no conflict of interest with Urban Logic recommending projects to Council as Directors of Planning, Economic Development, and Public Works and making a profit on those same projects? This man needs to be reported to the Bar Association and stripped of his ability to practice law. IMHO
Jolly Roger February 16, 2013 at 05:36 PM
Back on the insults I see. My comprehension of government should have anything to do with this conversation because again what I’m advocating for this that you conduct yourself in a respectful manner. You just can’t resist calling people names can you? It really hurts your credibility and makes you sound very immature. Like I have been saying; if you keep acting like an immature brat, nobody is going to care what you have to say.
Jolly Roger February 16, 2013 at 05:39 PM
Yes Libi they are public servants. But if you treat your servants like trash they are going to stop serving you with a smile. Lets try to be civil. That’s all I’m asking.
Libi Uremovic February 16, 2013 at 06:02 PM
just because your head looks like a giant cabbage patch doll doesn't mean that people have to talk to you like you're 4 years old.... your understanding of government and democracy is below an 8th level...you don't get to call it an insult when it's the truth...
margaret bragg February 18, 2013 at 06:39 PM
Ever notice how these guys constantly spout off about the tremendous "growth and advancement" in Beaumont, making out that it is soooo progressive, but then when they get called out on their lack of professionalism, patching together of accounts, staffing irregularities, and 'sloppy' bookkeeping it is because Beaumont is just a bunch of innocent little guys trying to do their best? Can't have it both ways, boys. Either BE a respectable city, or BE a respectable small backwater run by amateurs, but BE respectable in either case. They lie and evade so badly it is almost funny.
margaret bragg February 18, 2013 at 06:45 PM
Oh, and to Jolly Roger, if you are going to have a bunch of different people writing under this one alias, please agree on a style and vocabulary so that it at least looks like you are one person. You are starting to appear to have Multiple Personality Disorder, and it is disturbing, creepy really.
Fact checker February 19, 2013 at 11:44 PM
Libi, you conveniently left out Section 40805.5 of the government code. Section 40805.5 says "the financial and accounting duties imposed upon the city clerk by Section 40802 through 40805 may be transferred to a director of finance when such office has been established and the powers and duties therefore defined by ordinance." Such duties have been transferred to the Finance Director.
Libi Uremovic February 19, 2013 at 11:58 PM
it has not been established through ordinance, nor does the city claim that the duties have been transferred....the city claims that there is a functioning city clerks' dept - which there is not... the criminal activity is falsifying bank deposits and forging government documents .... the classification of the employees involved is secondary...
Fact checker February 20, 2013 at 02:23 AM
I went on the City's website and looked at the City's munipal code. Section 2.16.010 states the following: Duties. The financial and accounting duties heretofore the responsibility of the city clerk as prescribed by Sections 40802 and 40805.5, both inclusive, of the Government Code of the state are transferred to the director of finance.
Libi Uremovic February 20, 2013 at 02:47 AM
in doesn't excuse the criminal activity - making hanvey legally responsible for the duties of the city clerk only gives hanvey extra prison time ...nothing more... you boys will not throw the line workers under the bus to save yourselves - so get the thought out of your heads... ....and hanvey doesn't work for the director of finance...she is the assistant to the city manager... the reason there is a independent department of the city clerk is to help prevent the pillaging of the taxpayer dollars that is demonstrated in the city of beaumont.... the city clerk can not function independently if she is under the city manager...
Hopeful February 20, 2013 at 03:20 AM
Hey Washy did they call your evidence hearsay?
Fact checker February 20, 2013 at 04:11 AM
Libi on February 15, you posted the following: "cigna is only on the general ledger - it never shows up on the check warrants". I made a 20 second call to the Finance Director and he said the Cigna checks are made out as follows: "CGLIC-Chattanooga EASC." The online warrant register shows check number 81713 on 1/25/13 for $124,407.67 made out to that payee.
Libi Uremovic February 20, 2013 at 04:21 AM
you were able to call the finance director at 8pm and he was able to reference a transaction for you..?? that's amazing, because i can't get him to come to the phone during working hours... yea, we knew the money was going somewhere....but that's not employee health insurance... cigna is being attached to employee payroll ... what is "CGLIC-Chattanooga EASC." ...i googled it and i got words like.... mm 1111/081 - Bankruptcy Creditors' Service, Inc. bankrupt.com/misc/flmb09-15238.pdfShare File Format: PDF/Adobe Acrobat - Quick View CGLIC - CHATTANOOGA CGLIC - CHATTANOOGA EASC. EASC 5089 Collection. 5089 Collection Chicago, IL 60693-0050. Chicago, IL 60693-0050 ... CGLIC-CHATTANOOGA EASC Credit Manager Goods and 27,886.00. 5089 COLLECTION CENTER CGLIC-CHATTANOOGA EASC or/Services ...
Libi Uremovic February 20, 2013 at 04:25 AM
"CGLIC-Chattanooga EASC." does anyone know what that is ??
Time4change February 20, 2013 at 06:20 AM
Just amazing the trickery! I would tag that under "desperation". I think "Fat Checker" would've been more suitable. I wondered for a while as what and when his next appearance was going to take place, now I know. But perhaps it was done due to lack of attention? (sociopath syndrome) If so, no worries, after the hammer is down the recall will begin, so just sit tight there.
Time4change February 20, 2013 at 06:44 AM
Btw Roger, how are your colleagues at WRCOG treating you? Do you see what's happening here? Can you sense it? Do you get the "vibe"?
Washy February 20, 2013 at 08:31 AM
I don't know what you are talking about?
Hopeful February 22, 2013 at 09:44 PM
Washy somewhere you had mentioned that you had video involving the bike lanes and tried to present it to the City Council. I was just wondering if they would not view it and might have referred to it as hearsay?
Washy February 22, 2013 at 11:13 PM
The video was the second time I brought the subject to their attention and they "did not want to go over the parking laws again" FTR it is not illegal to park in the bike lane IF you don't hang out into traffic lane and IF there is not a no parking sign posted. But on Cherry ave there is a no parking sign posted and ignored
Hopeful February 23, 2013 at 03:06 AM
Thanks Washy I was just wondering if the evidence that you took time to gather for your concern was met with complete disregard even though there may be laws or ordinances in place that are supposed to protect you and our paid government officials are supposed to enforce because these laws and ordinances are in black and white and not at their discretion or personal opinion on the matter
Washy February 24, 2013 at 01:21 AM
I don't think the evidence was met at all I think I was met with disregard as are most Beaumont citizens when they have concerns. I took more license plate pics today of sixteen cars parked in the bike lane next to NO PARKING signs.
Hopeful February 24, 2013 at 02:06 AM
That is exactly what I was getting at Washy. They don't seem to give a crap about our concerns unless it benefits them in some way in my opinion. As a single person with a single problem your issue was pushed aside. As a single person with a single issue my concern was pushed aside. It happens too much for my tatse. There are clear laws and ordinances that are supposed to protect us. That is why they are in place. Yet when we voice our concerns and try to make our local government enforce these laws and ordinances, it seems we are treated like crap. I am not even going to say what happened to me but I think most would be shocked and disgusted. It is nothing near what Judy has gone through but that is because I gave up my legitimate fight at my first warning. I hope you keep fighting Washy and I hope you do not get hurt in the meantime trying to ride your bike legally in the bike lanes. I would keep a copy of all of your efforts in case something happens to you so that your family can fight back in case you get hurt riding your bicycle legally.
Washy February 24, 2013 at 02:27 AM
Thank you Hopeful I am actually running more then bike riding which makes the blockage of the bike lane even scarier. (before one non runner says sidewalks I will say I am saving my knees by running on asphalt) I too am sorry when I hear of people being discounted when going to city council, it shouldn't happen to any of us.
Ken February 24, 2013 at 07:32 PM
City hall can say all it wants about bikes and bike paths. Ever ride to City Hall? No.t a bike rack anywhere. Parks? Like for the Cherry Fest? None anywhere. Hats off to both Stater Bros as businesses that have bike racks. The thrift store on 6 st as well. Washy can you think of any others? None I am aware of at Walmart ..Kohls ..Best Buy..Home Depot.. none at any banks or restaraunts ..none at any of the Beaver medical complexes...not at the Post Office..nor Postal Annexes....

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