Posted by John P Johns, a resident of another community, on Jun 11, 2011 at 9:31 am
I have complained about fraud perpetrated by Messrs. Danielson and Dobbie.
Dear Mr. Guerra:
Please accept this e-mail as a formal criminal complaint against Interim City Manager John Danielson and Mayor Jim Dobbie for fraud.
I hereby allege that Mr. Danielson has been guilty of misappropriating public funds and for authorizing the misappropriation of public funds in his capacity as Interim City Manager. I hereby allege that the following facts and circumstances support my allegation of criminal conduct on the part of Mr. Danielson and Mr. Dobbie:
Mr. Danielson authorized the expenditure of $7,000 in public funds for the retention of Mr. Pete Peterson to conduct an internal affairs investigation without the necessary legal authority. Mr. Danielson did so only after such services had been provided (and quite possibly paid for). Mr. Danielson approved this purchase requisition without obtaining or requiring three written quotations as is required by the Town's purchasing ordinance. Furthermore, Mr. Danielson failed to make the necessary findings that would have exempted the retention of Mr. Peterson without the necessary three written quotes.
Mr. Danielson, with the express approval of Mayor Jim Dobbie appear to have defrauded the Town of Atherton taxpayers. Specifically Mr. Dobbie has authorized payment in the amount of $15,000 per month to Mr. Danielson during the past six months despite the fact that Mr. Danielson has not kept track of the hours he has expended while in the Town of Atherton's employment. Mr. Danielson's failure to keep a record of his hours is in direct violation of his obligation to notify the Town that he is approaching or has exceeded 960 hours any six month period of employment with the Town of Atherton.
Mr. Dobbie has failed to ensure that Mr. Danielson has fulfilled his contractual obligation to the Town of Atherton prior to authorizing the remittance of funds to Mr. Danielson for work purportedly performed by Mr. Danielson. Specifically I allege that Mr. Danielson has failed to coordinate and oversee the Town's efforts to recruit a new Town Manager.
Mr. Danielson is guilty of a conflict of interest by concealing the amount of time expended in the Town's employ so that he can prolong his duration of employment with the Town of Atherton from six months in duration to at least 12 months in duration. As is indicated in Mr. Danielson's contract he may not work more than 960 hours in any given fiscal year and he must notify the Town Council when his hours reach 860.
Mr. Danielson and Mr.Dobbie are guilty of violating the Brown Act by secretly agreeing to dispense with the Building Department and the Public Works Department and by engaging in serial discussions with other members of the City Council to elicit support for such a move without either discussing the matter in open session or properly noticing the discussion of said items for closed session discussion.
Mr. Danielson, with the express approval of Jim Dobbie, has violated the Town's purchasing ordinance by excluding from consideration the current town of Atherton employees collectively or individually either as Town employees or as potential contractors for performing public works and building department services. Instead Mr. Danielson notified these individuals that they would be laid off, apparently without any evidence that such a move would save the Town money.
Mr. Danielson and Mr. Dobbie, have, under color of authority and through deciept, denied Town of Atherton employees their liberty interest in public employment. Specifically Mr. Danielson and Mr. Dobbie have engaged in retaliation (through massive layoffs disguised as outsourcing those "problem employees" who have been critical of or who have drawn attention to misconduct in the Atherton Police Department). Mr. Danielson and Mr. Dobbie have also engaged in de facto age discrimination through the decision to outsource jobs held by long-standing Atherton employees, many of which who are approaching retirement age.
I would ask that you acknowledge receipt of this criminal complaint. If I do not receive an acknowledgment of this e-mail. I am prepared to initiate a citizen's arrest of Mr. Dobbie and Mr. Danielson at the next regularly scheduled City Council meeting.
Thank you very much
John P. Johns, CPA