Arlie Ricasa pleads guilty, resigns Southwestern College board position

UPDATE: See new guilty pleas in Feb. 2014 by officials and contractors connected to Southwestern College.


Arlie Ricasa is Southwestern College's EOPS Director. She pleaded guilty to a misdemeanor for crimes committed as a Sweetwater Union High School District trustee.

See all posts on Arlie Ricasa.
Ricasa pleads guilty, resigns board position
Lina Chankar
The Sun, Southwestern College
01/28/2014

SWC EOPS Director Arlie Ricasa pleaded guilty to one misdemeanor in the South Bay corruption case and resigned from her position on the Sweetwater Union High School District Board of Trustees.

Ricasa, who faced 33 criminal counts, including 16 felonies, will avoid prison by admitting to a single count of filing a false instrument.

Deputy District Attorney Leon Schorr said Ricasa made the following admission of guilt:

“I received, reviewed, understood and biannually voted on Sweetwater’s conflict of interest code delineating the Form 700 reporting requirements sent to the Sweetwater Board by the Superintendent. In 2009, I was an elected School Board Member for the Sweetwater Union High School District. I accepted gifts from Rene Flores (SGI) in 2009 with a value of $2,099 and I did not report them. The maximum amount one may lawfully receive from one source per year is $420. Rene Flores provided these gifts with the intent to influence my vote on business awarded to Seville Group Inc.”

District Attorney Bonnie Dumanis originally charged Ricasa with the most counts of any of the 15 people indicted in the sweeping corruption case. According to a D.A. Affidavit For Search Warrant, Ricasa had accepted the following items:

1) $1,741.70 – Dinner and wine with her husband Ed Bagaporo, and SGI President Rene Flores.
2) $313.18 – Amigable for dinner with her husband.
3) $3,600 – SGI contribution to Ricasa’s campaign for State Assembly District 78.
4) $13,600 – From SGI for various political campaigns in 2007 through 2010.
5) $1,380.22 – From Henry Amigable to “wine and dine.”
6) $208.78 – Dinner with Amigable on May 12, 2007.
7) $132.98 – Dinner with her husband and Amigable.
8) $3,600 – Contributions from SGI for 2008 State Assembly campaign in June 2007.
9) $1,800 – SGI paid for the sponsorship of Ricasa’s daughter, Natalie Bagaporo, for Leadership Council in July 2009.
10) $5,000 – from SGI for campaign contributions in Sept. 2010.
11) $5,000 – from SGI for campaign contributions in Oct. 2010.

These and other gifts and contributions need to be reported on California Form 700, Schorr said. Ricasa failed to report any gifts or other reportable interest in 2008 and 2010, which is signed under penalty of perjury. The D.A. affidavit stated that Ricasa, trustee Pearl Quinones, trustee Greg Sandoval and superintendent Jesus Gandara all violated the California Political Reform Act Government Code section (8711-91014).

After a lengthy investigation that included raids on their homes, defendants were accused of bribery, perjury, conflict of interest, filing false instrument, offering a thing of value to a member of government and conspiracy to defraud another of property.

After Ricasa’s guilty plea, Schorr said that in every case there is the potential to negotiate an agreement to settle the case without going to trial.

Ricasa’s supervisor, SWC dean Beatrice Zamora-Aguilar, said Ricasa is a dedicated educational professional who cares about students.

“I trust her judgment,” Zamora said. “All of the work she does, anything that has to do with any kind of reporting and budgeting, I provide oversight to. I’m a very careful and meticulous manager and I feel comfortable with any of the information she puts forward.”

Schorr said he is moving forward with the case against other Sweetwater officials and the D.A. is prepared to go to trial.

SWC President Dr. Melinda Nish said she referred the matter to the acting vice president of human resources Lynn Solomita and the college’s legal counsel to see if the guilty plea has an impact on Ricasa’s $125,000 position.

“It was in her capacity as a Sweetwater elected official that the violation occurred,” said Nish. “Unless there is some nexus with her employment here, it has no bearing on her employment. So I’m asking for both HR and legal advice, and that’s where we’re at with it.”

Nish said if any disciplinary action is taken it would be a personnel and confidential matter and would not be discussed publicly. She said she would like to see Sweetwater issues put to rest.

“I’m really pleased that Southwestern has done a lot of work to clean up what it does and how it does it,” she said. “Sweetwater is our educational partner and I would hope the sooner they get their business cleaned up the better for all of us in the South Bay. So I’m looking forward to this coming to closure.”

SCHOOL ATTORNEY BONNY GARCIA CLEARED ARLIE RICASA IN 2009

But that's why Bonny Garcia was hired by the district, right?


Trustee cleared in flap over contract
Company listed wrong address
By Chris Moran
June 6, 2009

CHULA VISTA — No, everyone seems to agree now. The construction firm that got a $7 million contract from the Sweetwater Union High School District board last week is not located in the home of a board member's relative.

A construction industry Web site that compiles such minutiae mistakenly gave Rialto-based RC Construction a Chula Vista address. No big deal, except that the erroneous address happens to belong to the nephew of board member Arlie Ricasa.

“Peculiar,” Ricasa called it. “Bizarre,” said the school board's attorney.

To the attorney for a construction company that competed against RC Construction for the job but lost, it's suspicious.

“How is it possible that the address that they put to RC Construction, out of all the millions out there, belongs to Arlie Ricasa's (relative)?” asked Andrew Berman, attorney for HAR Construction in Chula Vista.

In an e-mail to Sweetwater attorney Kris Vaca that was part of the public record of the meeting, Brian Tyson of Reed Construction Data wrote, “We mistakenly added RC Const. Chula Vista, a company that had been in our database since 1995.”

Tyson did not return a phone call and an e-mail seeking further clarification.

Tyson's e-mail states that Reed has corrected its mistake and now lists RC Construction's proper Rialto address. RC Construction says it has never had a Chula Vista address.

“This is information that was totally inaccurate,” Ricasa said.

She said that neither she nor anyone she knows of in her family has a connection to RC Construction. Her nephew Domingo Ricasa, who owns and lives in the home at the Chula Vista address, works for a telephone company, she said.

Sweetwater attorney Bonifacio Garcia vetted the matter, concluded that it was all a big mistake and cleared Ricasa to vote on the contract. Ricasa said she regularly recuses herself on votes that affect Southwestern College, where she works, or community organizations for which she serves as a board member.

But she has no connection whatsoever to RC Construction, she said, and she participated in the vote on May 27.

In 2003, a grand jury report faulted Sweetwater – but not Ricasa specifically – for appointing Ricasa's husband to the volunteer citizens committee in charge of overseeing the work done through a $187 million bond measure passed in 2000. The grand jury did not allege any wrongdoing.

Sweetwater legal fees effort fizzles

Shame on the teachers union for not calling a halt to corruption years earlier. There were articles for years in the San Diego Union Tribune about the strange legal fees paid to Bonny Garcia. Why was CTA silent? Because CTA gets cooperation behind the scenes from corrupt board members in most districts.

Sweetwater legal fees effort fizzles
Proposal to fund them for 3 current and one former official dies
Ashly McGlone
UTSD
Jan. 31, 2012

An effort to have the Sweetwater school district pay up to $1.3 million in legal fees for current and former officials ran into trouble Tuesday as the idea lacked support from the community and the school board.

Items on the agenda to fund the legal defense of former board member Greg Sandoval and current board members Pearl Quinones and Arlie Ricasa did not move forward, as no one on the board moved the items for action.

Quinones, Sandoval and Ricasa are charged by the District Attorney’s Office with accepting gifts from contractors, failing to report them on required state forms and then voting for contracts for the donors. They have pleaded not guilty. All three were on the agenda for $400,000 in fees.

Board member Bertha Lopez, whose home was raided but she was not charged, was on the agenda for a $100,000 of legal fees. She withdrew the request around 12:45 a.m. Tuesday at the end of a seven-hour meeting.

As the district laid out the agenda, board members would be able to recuse themselves from the vote on their own legal fees, but approve the expense for colleagues.

Attorneys Cory Briggs, from a citizens group suing for return of payments to contractors, told the board that recusal would not work to cure a conflict of interest for board members voting.

The meeting was the first since Jan. 4, when District Attorney Bonnie Dumanis issued the charges.

More than 700 people gathered in the gymnasium at Hilltop High School for varying reasons. A group of about 30 people in attendance supporting board member Arlie Ricasa wore blue ribbons.

At least 200 held signs reading "Recall or Resign."

Mar Vista High School teacher Lauren McLennan served three members --Ricasa, Jim Cartmill and John McCann -- with recall notices.

McLennan, a leader of the newly created "Occupy Sweetwater" movement, said trustees must be recalled because they "have let scandal after scandal occur on their watch because they are more focused on their political careers than their duties as school board members."

"We are not recalling them simply because of the felonies and misdemeanors,” McLennan said. ‘’This is for years and years of neglect."

Craig Miles, teacher and varsity tennis coach at Montgomery High School, said, "You have to be here because this is about the future of the district, not only for the board members but about the bond money and how it is being used and who is trying to control it."

Miles cautioned the public to reserve judgment.

"The turnout is good and this process will play out but the legal issues have to be respected and they often take time and everyone is innocent until proven guilty, not just accused."

Many members of the public expressed ardent opposition to the proposed payment of legal fees.

Sofia Reyes, 11, took to the podium Monday to urge board members to not approve the legal fees.

"That money shouldn't be used to pay for the board member's attorneys. It should go towards improving the schools," Reyes said. "Clean up your act. Next year when I enter middle school I want to be proud of my district, not ashamed by what they have done and hidden from us."

When the Trouble Started for Sweetwater Schools

Bond money seems to have gone up in smoke in other school districts, but Bonnie Dumanis focuses on Chula Vista Democrats. Why?

When the Trouble Started for Sweetwater Schools
January 23, 2012
By Rob Davis

The construction company's website implicitly acknowledges the potential for public officials to abuse their posts. But the Seville Group says it stands above that. Integrity isn't just a buzzword, its About Us page says. Ethics are at the core of the company's existence. Without ethics, there is only failure.

Click on the company motto — Edge, Execute, Excel — and its principles appear.
"We have a simple test," it says. "Before you make any decision on behalf of the company ask yourself these questions: Is it illegal? Is it immoral? Is it unethical? Is it stupid? Most public officials who get into trouble should have answered ‘yes' to one of these questions. The same is true for companies that work for public agencies."

Trouble started for the Sweetwater Union High School District on a spring evening in 2007, with what seemed like a routine decision on an innocuous agenda item involving Seville. Months earlier, voters had approved borrowing $644 million to modernize the South Bay school district's buildings. Now, the public agency overseeing the South Bay's middle and high schools had to choose someone to oversee all that spending.
The selection process had been exhaustive, board members were told. Then-Superintendent Jesus Gandara recommended what he said was the top firm: a joint venture of Seville Group and another company, Gilbane. The board hired the venture and handed it $7.5 million in work.

But Gilbane/Seville hadn't initially been the top firm. The district's internal ratings were tossed out. That happened routinely.

The district's decision to hire Gilbane/Seville — and later to give it even more work — brought instant criticism, even allegations of corruption. Now, five years later, it has led to criminal charges, in what District Attorney Bonnie Dumanis says was a pervasive pay-to-play scheme.

At the same time Gilbane/Seville leapfrogged another company ranked higher, it bestowed its largess on officials handing out tens of millions in contracts. Court records show that Gandara, who recommended the company, saw "Jersey Boys" with a Gilbane contractor and was treated to expensive dinners at restaurants across the region.

When Gandara's daughter competed for the title of Miss Texas, where they lived previously, the contractor, Henry Amigable, stepped forward with a $1,000 sponsorship, court documents say. When then-board member Greg Sandoval's daughter vied to become Miss South County, Amigable wrote a $500 check, records show. Gandara, Sandoval and two current Sweetwater board members — Pearl Quiñones and Arlie Ricasa — all face felony charges of failing to report numerous gifts from contractors.

The case strikes at the heart of the South Bay political establishment. Beyond those charged, investigators have searched the home of Bertha Lopez, a Sweetwater trustee whose husband, Jose, is the Otay Water District's president. They've also searched the homes of two former Southwestern College officials, Nicholas Alioto and John Wilson.

Investigators have interviewed the mayors of Chula Vista and National City, county supervisors and a San Diego city councilman. Jaime Bonilla, another Otay Water District board member, is also mentioned in search warrants; Bertha Lopez and Seville employees had an appointment to dine at his house.

The case has widely been publicized as a bribery investigation. Dumanis has said the officials accepted "what amounted to bribes." But only one person faces a bribery charge, Gilbane's former employee, Amigable.

Prosecutors haven't charged anyone with receiving bribes. School officials instead are charged with failing to report gifts and filing false gift disclosure forms, both felonies. Prosecutors have also leveled lesser misdemeanors, alleging the school leaders had a personal financial interest in their decisions.

The circumstances speak to the unseemly side of politics, a world where gift-giving, influence peddling and campaign donations are all routine and legal — to a point. Politicians across the county regularly receive campaign funding from lobbyists and contractors doing business with their agencies. It's how the system works.
California law allows public officials to accept up to $420 in gifts annually from businesses and people working with their agencies. The gifts have to be disclosed, and they can't be explicitly traded for someone's vote. Prosecutors say the Sweetwater officials far exceeded gift limits, taking thousands without reporting it on state forms submitted under penalty of perjury.

The case also shows how a typically unseen influence game is played. One example: Prosecutors say Southwestern College's Wilson fed inside information to one construction company, recommended the firm for a job, retired a month later and then went to work for it. No charges have been filed related to it, though Dumanis has said more charges could be forthcoming in the case.

Prosecutors haven't disclosed everything that they uncovered while executing search warrants in December. But the evidence they have released so far connecting the gifts to favorable votes is largely circumstantial.

Weeks before Gilbane/Seville got that Sweetwater contract, Quiñones went to Seville's president for a favor. Quiñones was prepping for a bigger political stage and wanted a resume builder.

She asked Rene Flores Sr. to contact then-Assemblyman Joe Coto, D-San Jose, on her behalf, court records show, and sent Flores her resume. "[H]ope you can help me with this... it is really important to me," she wrote.

Flores forwarded the resume to Coto, according to emails released by prosecutors, telling the assemblyman he hoped he would find Quiñones "an appropriate compensated commission where she might serve the State of California." Quiñones was considering running for state office, Flores said, and hoped to raise her profile and make more public appearances.

As the vote on Gilbane/Seville neared, court records show Flores emailed Quiñones to say he was trying to set up a meeting with Coto. "And again, I want to thank you very much for your support," Flores wrote.

Quiñones replied that she could meet a couple of weeks later. "Please let me know..." she said, "and also I support those that support me!"

Questions about impropriety arose from the moment the deal with Gilbane/Seville was struck in 2007.

Nick Marinovich, a contracting expert who served on an earlier construction oversight committee, publicly questioned the school board's decision to hire Gilbane/Seville.

Marinovich had spent nearly three decades overseeing public construction projects for San Diego County. He knew how contractors were supposed to be selected — with a process free of political influence, without top executives getting involved.
But Gandara had participated and recommended Gilbane/Seville, even though another venture, Harris/Gafcon, ranked higher and was drawing good reviews as the district's current construction overseer. So Marinovich went to the board and lodged his criticism. The reaction? "Indifference," Marinovich said.

"It didn't pass the smell test," he said in a recent interview. "It was really just a gut level reaction."

Community concerns persisted. A 2008 San Diego County Taxpayers Association report urged more transparency for Sweetwater's construction hiring, noting that any questions about Gilbane/Seville could've been avoided if the district had been open about its reasons. The report noted that at least one unnamed community member was worried about possible corruption.

Gandara had repeatedly intervened in the district's selection process for construction companies. A 2009 voiceofsandiego.org investigation found that lower-ranked firms were routinely picked. One law firm, Garcia, Calderon & Ruiz, was hired even though it rated last out of four firms. The internal rankings were often disregarded, the investigation concluded, making it difficult to determine why the district hired the firms it did. Both Seville and the law firm have since had their work suspended. Seville says it isn't a target of the D.A.'s investigation.

Concerned parents routinely went to board meetings throughout 2009 and 2010, criticizing the board for its oversight of construction spending and for accepting campaign donations from companies working for the district. One parent, Stewart Payne, said he thought the board's behavior was strange enough that he went to the FBI in early 2011. Then he and other parents went to the district attorney.

"I just said: Something's wrong here, I don't know what it is, but something's not making sense," Payne said. "Something was just wrong."

Bertha Lopez Received Money From Contractors and Law Firm Connection

This article is interesting for two reasons. First, it has intriguing information. Second, it suggests who may have put pressure on Bonnie Dumanis to conduct these raids.

Bertha Lopez Received Money From Contractors and Law Firm Connection
June 17, 2011
posted by Southern Exposure
San Diego Rostra

It’s interesting that Board Member Bertha Lopez keeps throwing stones at everyone else for taking money from contractors and the law firm for Sweetwater Union High School District. Most concerning, however, is her complete lack of forthrightness when it comes to her own campaign donations. Lopez attacks other board members for their donations, while continuing to say her votes are independent, but where is her openness about the campaign money she took from the very same contractors and contributor connected to the legal firm?

Just go to the county website and search under Lopez’s last name to check out her filings. You will find the following campaign contributions totaling almost $20,000:

Barnhart – $5,000
Design Acquisition Corp – $3,000
Marston & Martson – $3,000
CTE, Inc. (Thomas Gaeto) – $1,000
Rotech – $2,500
Consulting and Inspection Svcs – $1,000
Jose Mireles, Latino Builder – $500
Romero Leonor (HAR) – $250
Seville – $2,000
Laura Martinez – $1,000

The San Diego Reader recently published an article [see below] calling out Board members who took money from Laura Martinez (who apparently co-owns a house with Sweetwater Attorney Bonifacio Garcia), but the story fails to mention that Bertha Lopez also received $1,000 from Martinez. The Reader story seems to be in response to an interview with Lopez — did it not occur to the reporter when listening to complaints from Lopez that her contributions should be checked as well?

Also interesting is that Lopez received a $500 campaign contribution from Mark Watton, general manager of the Otay Water District, where husband Lopez sits on the board. What on earth could Mark Watton care about who gets elected to the board of SUHSD? He and his wife live nowhere near the district. Yet, Jose Lopez, Bertha’s husband, is Watton’s boss...



Sweetwater Union High School District Money Trail Gets Longer
By Susan Luzzaro
San Diego Reader
June 7, 2011

In a recent interview, Bertha Lopez voiced a strong opinion about Sweetwater Union High School District attorney Bonifacio Garcia. Lopez, who has been a Sweetwater boardmember since 2008 and served as a Chula Vista boardmember for ten years before that, said she did not trust the advice offered by the attorney. Why not?

Garcia recently advised the board to hire attorney Greg Vega to do an independent review of district expenditures. According to Lopez, Garcia did not reveal that Vega had worked for the district. A Union-Tribune story also reported that Vega reviewed Garcia’s employment contract last July.

Garcia has been the district’s main attorney since l996. In 2006, the Union-Tribune wrote, “South County’s high school board has scrapped a $400-an-hour contract with its main attorneys in favor of a $320,400-a-year deal designed to rein in legal spending that topped $1.1 million in the year ending June 30.” Garcia, with the firm Burke, Williams and Sorensen, was the main attorney.

Garcia formed a new firm (Garcia, Calderon and Ruiz) and continued to work for Sweetwater. Changing names does not appear to equal reining in legal spending: Garcia’s current contract with the district is $84,334 a month, or a little over $1 million a year.

Citizens for Good Government in the South Bay was a political action committee that operated out of Garcia’s office until March, when it became inactive. Yuri Calderon, a member of Garcia's law firm, was the treasurer. Garcia gave generously to this committee, as did Laura Martinez, who co-owns a house with Garcia in Sierra Madre, California, according to documents.

According to records kept by the San Diego County Registrar of Voters, Jim Cartmill, a Sweetwater boardmember since l996, received $5000 from the Citizens for Good Government in South Bay in last November’s election. He also received $5000 from Laura Martinez. Arlie Ricasa, first elected in 1998 and re-elected last November, received $5000 from Laura Martinez. And newly elected John McCann received $900 from Laura Martinez.