Bernhardt to Let D.A. See Records

Claiming she has nothing to hide, San Diego City Councilwoman Linda Bernhardt offered Thursday to open her records to scrutiny by Dist. Atty. Edwin Miller’s office and submit to questioning as part of a probe that apparently focuses primarily on Bernhardt’s campaign finances.

In a new development in an unfolding investigation, The Times has learned that Miller’s office Wednesday asked to examine the office calendars of both Bernhardt and Councilman John Hartley.

Bernhardt said she did not know why the district attorney’s office wanted to review her calendar. But she said that Miller told her attorney, James Lorenz, that the district attorney’s office is not interested in alleged illegal closed-door meetings by council members.

Charges were made in July by opponents that five of the City Council’s nine members had met in private to determine a controversial political redistricting map.

Hartley and his top aides could not be reached for comment late Thursday evening.

Miller swiftly accepted Bernhardt’s written offer to open her records for examination in a letter of his own Thursday, promising that “our investigator will be in touch with you shortly.” He added that his office would “be pleased to invite you to an interview at the appropriate juncture.”

In his memo to Bernhardt, Miller confirmed for the first time that the district attorney’s office is investigating the embattled District 5 councilwoman, who also learned Thursday that she faces San Diego’s first-ever recall election.

Miller’s spokesman, Steve Casey, refused to elaborate on the investigation, except to say that he believed that the investigation has been proceeding for “a couple of weeks. Its genesis, its ultimate destination, are things that I am not at liberty to discuss at this point,” Casey said.

The Times reported Thursday that an investigator for Miller’s office has questioned a former Bernhardt staffer, three recall leaders and the printer of Bernhardt’s political literature in a probe that appears to focus primarily on Bernhardt’s campaign finances. One recall leader said that she had been contacted as early as Oct. 17.

Knowledgeable sources have told The Times that investigator Carlos Rebelez is looking into numerous issues, including the funding of Bernhardt’s campaign, her lingering campaign debt, how she became associated with political consultant Rick Taylor and Taylor’s role as a consultant to McMillin Development.

McMillin recently settled a lawsuit with the city governing construction of the Miramar Ranch North project on the shores of Miramar Lake that was part of Bernhardt’s council district until the council’s redistricting moved it into Councilman Bruce Henderson’s district.

No date for a meeting between Bernhardt and Miller’s office was set, but the councilwoman and her past and present consultants demanded that the matter be settled within days.

“Now we can exchange information, hopefully, and get this reconciled in the next five days, as I requested,” Bernhardt said Wednesday night. “I’m not going to let this drag on. They’ve got plenty of people to (conduct the investigation) and I’m here.”

In her letter to Miller, Bernhardt maintained that “it is obvious that my political opponents are determined to remove me from office any way they can, including the promotion of unjustified and unsubstantiated allegations. I know the district attorney’s office does not want to waste its time and resources becoming embroiled in a purely political (sic) motivated action.”

Taylor, who ran Bernhardt’s victorious 1989 campaign against former Councilman Ed Struiksma, and Jean Andrews, who has been hired to raise money to pay off the huge debt that Bernhardt accumulated during that effort, both said Thursday that they would open all their records to the district attorney immediately.

“Come to my office. Search my home. Do whatever you want--preferably this weekend,” said Taylor.

Bernhardt still owes Taylor $17,500 from the campaign, according to David Gould, treasurer for Neighbors for Linda Bernhardt. Bernhardt said she no longer has a contract with Taylor, but Taylor continues to advise her as a friend.

Andrews, who with Taylor formed JR Consulting, the partnership that holds the contract with McMillin, said that Miller’s office is welcome to scrutinize that firm’s records as well. Another Andrews business, Andrews & Associates, is the fund-raising firm that has helped whittle Bernhardt’s debt from $140,000 to just over $100,000 during the past year.

Bernhardt’s outstanding debt to Taylor and her $33,251 debt to Charles Print-O-Graph of Glendale is being reviewed by City Atty. John Witt’s office. A city law makes it illegal for a candidate to owe money to anyone but himself for more than 30 days. Bernhardt has stated, however, that she believes she is in compliance with the law.