Dear Friend:
After reviewing Mr. Aguirre's report issued at the close of
business yesterday, I have issued the following statement to the
media:
Mr. Aguirre’s actions are irresponsible and damaging to the
residents of San Diego. His “shoot first, ask questions later”
style has reached a new low. Many had hoped that Mr. Aguirre
would help resolve federal investigations and help solve the
City’s financial situation. Instead, he has created a circus-like
atmosphere that is bringing the business of the people to a halt.
Already one law suit has been filed against the City where he
is the primary target. He has placed the City in a precarious
position of being vulnerable to other law suits which will
ultimately cost the taxpayers money. Mr. Aguirre has further
created an irresolvable conflict as City Attorney. How can the
very office I relied on for advice on City financial matters now
attack me and my colleagues for following the very advice it gave?
It is inconsistent that on one hand, Mr. Aguirre accuses the
Mayor’s Blue Ribbon Committee on City finances of misleading the
Mayor and City Council by not informing them of material facts.
And then in his report he accuses the City Council of ignoring
those very facts we never had. How can it be that the Blue Ribbon
Committee did not provide information and at the same time the
Council is supposed to have ignored the same information?
Like any board member of a major corporation or organization, I
have always heavily and properly relied on the advice from
numerous professionals, including major accounting and law firms.
I believed that everything that needed to be disclosed was
disclosed and had no reason to believe otherwise.
Mr. Aguirre has been operating as a rogue prosecutor akin to
the dark days of Senator Joseph McCarthy. Mr. Aguirre would
better serve the people of San Diego by leaving investigations to
the professionals – the Securities and Exchange Commission (SEC)
and the US Attorney’s Office.
Additional facts that need to be re-stated:
-
The Mayor and City Council have just hired a new City Auditor.
-
Following the recommendation of our retained experts, the City
adopted (last fall) the most stringent disclosure requirements
of any City in the United States.
-
The US Attorney and the SEC are already conducting an
investigation.
-
Experts retained by the City (Vinson and Elkins along with a
forensic firm) have already investigated and made findings last
year to the issues released in Mr. Aguirre’s duplicative
report.
-
Many of the documents Mr. Aguirre claims had never been released
have already been supplied to investigators – this is old news.
-
The Retirement Board will be replaced and restructured effective
April 1, 2005. The voters approved the Mayor and Council’s
request to do so during last November’s election.
Neighborhood
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public for free via the Internet and is updated every 24 hours. I
introduced this popular service last year and encourage you to use
it. The web site address is:
http://ewatch.sandiego.gov.
Thanks for reading the
eNewsletter.
And thanks for sending email, letters and for calling to let me
know your thoughts. 
I welcome hearing from you at any time and rely on your
opinion.
Regards,
Jim
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