Corruption : Banning School Board President Amy Herr influences votes for personal financial gain

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2/26/10 –  Conflict of Interest laws say you can’t serve two masters. But that is exactly what Banning School Board President Amy Herr did when she influenced not one, but two votes on the Banning School Board, both resulting in handsome payoffs for herself. Aside from being the President of the Banning School Board , Herr  acts also as Executive Director of the Boys and Girls Club of the San Gorgonio Pass and made sure the Club received two big contracts.

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HERR’S  “BOYS AND GIRLS CLUB”  GETS MILLION DOLLAR CONTRACT

With participation of Amy Herr, beginning in 2007 the Banning School Board contracted with the “Boys and Girls Club of the San Gorgonio Pass” for almost a million dollars in taxpayer funds to date for certain “school programs” that the Club agreed to perform for the School District.

The Boys and Girls Club currently receives  over $ 418,000.00 annually in taxpayer funding – or roughly $ 35,000.00 a month from the Banning Unified School District, ( view page one ). This amount represents about 98 % of the Club’s total annual revenue. For all practical purposes, the Boys and Girls Club is solely financed by the Herr-controlled Banning School Board – with taxpayer money.

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HERR RECEIVES A $ 33,000 ANNUAL SALARY FROM BOYS AND GIRLS CLUB

Amy Herr is a founder and  Executive Director of the Boys and Girls Club of the San Gorgonio Pass. Herr and socialist Banning City Council member Barbara Hanna ( Banning’s “Nancy Pelosi” ) founded the Club in 2005. Beginning in 2008, Herr has been receiving a  $ 32,962 annual salary from the Boys and Girls Club ( view page 2 ). The payment of this salary was solely made possible by the contract that Herr voted for on the Banning School Board. The Club had no other sources of revenue large enough to pay for  Herr’s salary.

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2007 :  DESPITE HAVING A “TEXTBOOK” CONFLICT OF INTEREST HERR VOTES FOR BOYS AND GIRLS CLUB FUNDING

On January 18, 2007  the Banning School Board, with Amy Herr participating, voted to contract with the Boys and Girls Club for certain school programs ( agenda item 10.6. b ). The proposed contract was not attached to the agenda, therewith assuring limited public awareness. The vote was unanimously in favor of the contract. This contract alone yielded payments to the Boys and Girls Club somewhere in the one million dollar range to date ( view ) .

Due to her management position at the Boys and Girls Club, as either President and later as Executive Director (CEO), Herr had a conflict of interest “per se” ,  ( 87103 (d) , Gov. Code) .   In addition, moneys received from the contract resulted in substantial financial gain for Herr as they were used  to pay Herr an annual salary of   $ 32,962  ( page 2 ) .

2009 : WITH KNOWN CONFLICT OF INTEREST HERR ILLEGALLY PRESIDES OVER ANOTHER VOTE FOR EVEN MORE FUNDING

Almost a million dollar in taxpayer funding, however, were apparently not enough for greedy Amy Herr and her “cute” Boys and Girls Club. In October of 2009, the Banning School Board voted for an additional contract with the Boys and Girls Club, potentially worth hundreds of thousands of dollars more each year .

The School Board meeting occured on October 22, 2009.

Here is what SHOULD have happened, as required by law :

• The nature of the contract, the dollar amount and the contracting party ( Boys and Girls Club ) should have been clearly identified

• Before the agenda item was discussed in any way, Amy Herr should have declared a Conflict of Interest and recused herself at that time , ( 87100 ;  87105, a, (1) and (2) Gov. Code)

• Before the agenda item was discussed in any way, Amy Herr  should have explained why she had a conflict ; she was supposed to do so in a manner that is comprehensible to the general public, ( 87100 ; 87105, a,  (1)  Gov. Code )

• Before the agenda item was discussed in any way, Amy Herr should have left the room, so as not to participate in – let alone preside over –  the proceedings , ( 87100 ;  87105, a, (3) Gov. Code)

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NOW WATCH WHAT ACTUALLY HAPPENED :

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• The Boys and Girls Club is never mentioned by name as the contracting party

• The potential dollar amount of the contract is never discussed

• Amy Herr is present and illegally presides over the entire proceeding – from beginning to end

• Amy Herr keeps the discussion to a minimum and asks for the Board’s vote without asking for public comment  , (violating the Brown Act).

• Only after the entire Board has already voted, does she disclose a “perceived conflict of interest” .

• Amy Herr fails to explain the reason for her conflict and fails to leave the room
  

• The entire agenda item, potentially worth over 1 million dollars, is dealt with in less than 30 seconds

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The true relationship between Herr and the Boys and Girls Club was never disclosed at any time.  The public has no idea there was a conflict until after the vote had already been taken. In the most biased, manipulative fashion Herr managed to get the vote passed in her favor.

To date, both votes have funded the Boys and Girls Club with about one million dollars in taxpayer money. For Amy Herr this meant an enormous financial gain in form of a fat annual salary. Amy Herr’s participation in these proceedings is a violation of Conflict of Interest laws. It is conceivable that Herr’s conduct rises to the level of a criminal Conflict of Interest. A criminal complaint against Amy Herr is currently on file with the Riverside District Attorney’s office.

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BOYS AND GIRLS CLUB PAYS OVER A QUARTER MILLION DOLLARS IN ANNUAL “SALARIES”

The Club  promotes itself as a organization that is constantly looking for volunteers to do its work ( view) . But according to their public filings, the Boys and Girls Club has paid out over $ 270,000.00 in annual salaries just in 2008 ( view page 1 ). Of those $ 270,000.00, we only know that $ 32,962 went to Amy Herr and $ 18,333 to “Operations Manager” Roy Johnson ( view page  2 ). This leaves us with $ 220,000 in “salaries”  unaccounted for. Who exactly  receives those salaries ? Why is  Banning’s Mayor,” Dr.Evil” Bob Botts, also acting as the President of the million dollar Boys and Girls Club ?  Why is socialist Council member Barbara Hanna the founder of the Club ? Why are both so interested in this million dollar Club ?  One thing is for sure : there is a lot of money passed around at the Boys and Girls Club – and $ 220,000.00 a year remain unaccounted for.