Former Donovan State Prison guard Art Moreno seems to take advantage of his partner's new job--or is David Bejarano asking too much for Security Firm?

Somebody's being unreasonable here, and it's hard to know who it is. Perhaps Art Moreno figured a huge windfall had ended up in his lap when Bejarano was chosen as Chula Vista's top cop. The new job means Bejarano must give up the company. Bejarano says either his partner pays for his half or the company should be dissolved. But maybe the problem is this: perhaps the company isn't really worth much without Bejarano in it.


Top Chula Vista cop, partner in dispute
Police chief co-owns security company
By Tanya Sierra
San Diego UNION-TRIBUNE
May 7, 2010

In addition to being Chula Vista’s police chief, where he earns an annual salary of $187,000, David Bejarano is involved in a number of other activities. Among them:

• Chula Vista Elementary School District trustee

• Co-owner of Presidential Security Services

• Vibra Bank board member

• South Bay Community Services board member

• Consultant for personal injury law firm Tatro & Zamoyski

CHULA VISTA — A business partner has accused Chula Vista Police Chief David Bejarano of writing fraudulent checks on the private security firm’s account, an allegation that the city forwarded to the District Attorney’s Office.

City policy prohibits police officers from owning or working for private security firms in Chula Vista, and Bejarano’s efforts to dissociate himself from Chula Vista-based Presidential Security are at the root of the business partners’ dispute.

Bejarano co-owns Presidential Security Services with former Donovan State Prison guard Art Moreno. Bejarano stepped down as president of the company in August when he became police chief. About that time, he also curtailed his duties at the firm and wanted his name removed from advertising, marketing and other public material...

Bejarano’s lawyer, Joseph Casas, said the chief is the victim of a smear campaign. He added that his client’s name was removed from bank records without proper authority...

The corporation’s board of directors is composed of Moreno and his wife, Colleen, and Bejarano and his wife, Esperanza.

Bejarano, a former San Diego police chief, has filed suit in San Diego Superior Court to disband the company. In the suit, Bejarano alleges that Moreno and his wife “repeatedly breached their fiduciary duties and wrongfully acted in their own self-interest.”...

Presidential continues to pay David Bejarano a salary. Last year, he earned $73,820 with the firm and charged about $15,000 on a company credit card, Moreno said.

City Attorney Bart Miesfeld said as long as Bejarano is trying to cut his ties with the company, and as long as his responsibilities there do not interfere with his duties as police chief, he is not violating city policy that prohibits a police officer from working for or having a financial interest in a private police agency in the city.

Simon Mayeski, a member of California Common Cause’s San Diego chapter, questioned that assessment.

“I wonder why the city attorney is trying to write around this regulation, which sounds like a reasonable and necessary restriction,” Mayeski said. “It opens up way too many questions and puts the chief in a less-than-perfect position going about his business.”

Common Cause is a nonprofit that says it strives for an “open, honest and accountable government.”

Presidential Security has a number of contracts to provide security guards for Chula Vista businesses, including two shelters run by South Bay Community Services, where Bejarano serves as a board member.

City Councilmen Rudy Ramirez and Steve Castaneda said Thursday that Bejarano should have left Presidential Security by now.

“There should have been a specific timeline in which he had to divest himself from that business,” Castaneda said.

Mayor Cheryl Cox said she backs Sandoval and Miesfeld.

“I’m confident that the city manager and city attorney have done their due diligence,” she said.

[Due diligence? Does Cheryl Cox have any idea what that means? When she was a CVESD trustee, she helped make sure that no investigation was ever done regarding a 2001 report by two teachers that they believed there might be a mass shooting at Castle Park Elementary. At the same time, the district specifically claimed it had done its due diligence.]

Meanwhile, the future of Presidential Security and its 40 employees remains unclear.

After Bejarano was hired as police chief, he suggested to Moreno that they divide the company, according to an September e-mail exchange provided by Moreno.

“It can be done quickly, with minimal costs and you and your family can operate your share any way you want and my wife will operate our share,” Bejarano wrote to Moreno in a Sept. 28 e-mail.

Moreno said Bejarano should sell his interest in the company.

“Our last offer to him was $50,000, and we never heard back from him,” Moreno said.

Casas, Bejarano’s attorney, said Moreno has not made a serious offer.

“Mr. Moreno can put an offer on the table to us, which he has yet to do in any meaningful way,” Casas said.

A court date on Bejarano’s suit to disband the company has not been set.

Judge Rules Post on Cop-Rating Site is Protected Speech

Judge Rules Post on Cop-Rating Site is Protected Speech
By David Kravets
Wired
May 5, 2010

A federal judge has struck down a Florida law prohibiting the publication of a police officer’s name, phone number or address, calling the statute an unconstitutional restraint on speech.

The decision leaves Arizona, Colorado and Washington state with similar laws on the books. Florida authorities said Wednesday they were mulling whether to appeal.

...Robert Brayshaw, a 35-year-old apartment manager, brought the challenge to Florida’s law after he was briefly jail in 2008 for posting personally identifying information of a Tallahassee police officer on RateMyCop.com — a 2-year-old website that lets users rate and comment on the uniformed police officers in their community.

RateMyCop uses public records requests to gather the names and, in some cases, badge numbers of thousands of uniformed cops at police departments around the country, and allows users to post comments about police they’ve interacted with. The site’s launch in 2008 drew cries of outrage from police, who complained that they’d be put at risk if their names were on the internet.

Brayshaw used the site to post anonymous comments about Tallahassee Police Officer Annette Garrett, as well as her name and home address — information not normally cataloged by the site. He wrote that Garrett was rude to him when investigating a trespass call at an apartment complex he was managing.

“He had been investigated for a possible trespass charge, which he was never arrested for,” Brayshaw’s attorney, Anne Swerlick, said in a telephone interview. “He was unsatisfied by the way he was treated.”

The authorities subpoenaed RateMyCop and Brayshaw’s internet service provider to learn his identity, then booked him under the Florida law — a misdemeanor carrying up to a year in jail. The case was later dismissed against Brayshaw for procedural reasons, but he sued, claiming the statute chills his speech.

U.S. District Judge Richard Smoak in Tallahassee agreed, and awarded Brayshaw $25,000 in damages plus legal fees Friday.

The judge ruled the First Amendment does not protect “true threats, fighting words, incitements to imminent lawless action, and classes of lewd and obscene speech.” But publishing an officer’s phone number and address, he said, “is not in itself a threat or serious expression of an intent to commit an unlawful act of violence” (.pdf).

Smoak wrote that he appreciated the intent of the 38-year-old law, but noted that it went too far. “While the state interest of protecting police officers from harm or death may be compelling,” the judge said the law “was not narrowly tailored to serve this interest.”

Read More http://www.wired.com/threatlevel/2010/05/first-amendment-cops/#ixzz0nSY21lt9

Why were Chelsea King and Amber Dubois treated so differently by San Diego law enforcement?

Amber Dubois, left, and Chelsea King







UPDATE: AMBER DUBOIS FOUND

I appreciate the difficult problem law enforcement faces when confronted with a missing person report. Most of the time missing teenagers do tend to show up at home without any effort of law enforcement. Running away is one of the things that teenagers tend to do now and again. Also, police had a more recent fix on exactly where Chelsea King was last seen. But if Amber Dubois had been found, whether alive or dead, and a kidnapper charged with abducting her, Chelsea King might be alive today.

It's actually in the interest of the clean-cut, high-achieving, happy-living-at-home children for society to take a keen interest in the wellbeing of children who are suspected of having run away.



2 Missing Teen Cases, 2 Different Police Responses
2 missing teen cases in California reflect different ways of handling by police, media
By ELLIOT SPAGAT
March 6, 2010 (AP)
The Associated Press

The disappearances of 14-year-old Amber Dubois and 17-year-old Chelsea King illustrate a sad fact: not all missing children cases are treated the same.

King was the focus of intense media attention and law enforcement effort, with hundreds of officers and thousands of volunteers joining the search for her. Yet, almost exactly a year earlier and about 10 miles from where King was last seen jogging, 14-year-old Dubois left home to walk to school, never to be seen again. But Dubois' case got little media attention and seemingly fewer law enforcement resources...

Chelsea disappeared Feb. 25, last seen in a park with running clothes. The case sparked a search involving about 1,500 law enforcement officials and thousands of volunteers. It ended five days later when a body was found in a shallow lakeside grave.

Amber was walking to school when she vanished a year ago just 10 miles north of the site where Chelsea was last seen. Leads went nowhere. The news media showed little interest...




Remains of Amber Dubois found in Pala
By Kristina Davis
SAN DIEGO UNION-TRIBUNE
March 7, 2010

...Her family said it was unlikely she ran away. She had no extra clothes, and she was excited to purchase a lamb she was going to raise through the school’s agricultural program. The $200 check she carried to school that day has never been cashed, police said...





Cases of Missing Women and Young Girls Get Varying Media Attention
Some Missing Persons Cases Captivate the Country While Others Get Little Notice
By RON CLAIBORNE and DAN PRZYGODA
March 7, 2010

Chelsea King was the focus of intense media attention and law enforcement effort, with hundreds of officers and thousands of volunteers joining the search for her.
Not all disappearances capture the media, public's attention in the same way.

Almost exactly a year earlier and about 10 miles from where King was last seen jogging, 14-year-old Amber Dubois left home to walk to school, never to be seen again. Yet, Dubois' case got far less media attention and seemingly fewer law enforcement resources...