Klein's reasoning defies logic

Read Aaron Klein's response to the Grand Jury Report to get a better understanding of why the Sierra College community and bipartisan voters are so up in arms against him. Pay particular attention to his reference to an FPPC ruling that he claims he based his money laundering charges on. It stretches the limits of human reasoning to see the connection between his charges and this ruling, although it bears consideration when examining his good friend Jerry Simmons' campaign for Placer County Supervisor, having received more than $100,000 from numerous friends and business associates of developer Angelo Tsakopoulos, some as far away as Chicago and New York City.

According to Klein, it is imperative to avoid "even the appearance of impropriety," (except when you're running for political office and you are on the "right side")

========================

PLACER COUNTY GRAND JURY FINDINGS

Based on the facts of its investigation, the Placer County Grand Jury makes the following findings in this case.

1. The Sierra College Foundation could legally operate as an intermediary organization funding the bond measures as defined in the FPPC Information Manual D, as advised by Gilbert & Associates, Government Financial Strategies Inc., Dr. Larry Toy (President/CEO Foundation for California Community Colleges) and without objection from the College District’s legal counsel, Marion Cantor.
   
   KLEIN RESPONSE: Respectfully, I disagree with this finding in its entirety. While the Foundation is certainly permitted to donate up to 20% of its funds to a political campaign, and most certainly can be a fully disclosed legal intermediary of funds, it seems clear to me that state and federal law prohibit political donations from qualifying for a tax deduction. Therefore, it is highly questionable that it would be legal for politically-earmarked funds to be solicited (as Measure E, G and H funds were) and then for those funds to be transferred in their earmarked amounts to the political campaigns they were earmarked for.
   
   
2. The Foundation had no intent to suppress donor names as evidenced by its willingness to supply accounting records, the display of donor names on its websites, donor list notifications to the bond measure Committees, and supported by the testimony of all donors surveyed.
   
   KLEIN RESPONSE: I disagree with this finding. The Foundation's Executive Director, Sonbol Aliabadi, and the Foundation’s Board President, Bill Halldin, certainly had no intent to suppress donor names. Whether other individuals involved in oversight of the Foundation had that intent or not is for an enforcement agency such as the Fair Political Practices Commission to investigate and determine, which was the purpose of my complaint.
   
   
3. Filing errors for Measures E, G, and H were made due to inexperience, inattention to detail and confusing underlying documentation. The donors’ names should have been itemized in an FPPC filing by the Foundation as an Intermediary.
   
   The Committee Treasurers failed to notify the Foundation of its FPPC filing requirements due to their inexperience and lack of formal training in FPPC filing requirements.
   The omission of FPPC filing of itemized donor names was inadvertent and unintentional.
   
   KLEIN RESPONSE: I partially disagree with this finding. While the Grand Jury is certainly correct in its finding that "public disclosure laws were not obeyed", its finding that the errors were due to inexperience, inattention to detail and confusing documentation is simply not supported by the facts. The law has a purpose: to shine the light of public disclosure on political campaign donations prior to the election, not after. Filling out disclosure forms in a manner completely contrary to disclosure is not "inattention to detail": it's a violation of the law.
   
   
4. The FPPC filing errors were relatively minor and easily correctable. The Committees promptly made amended filings to correctly disclose donor names when the errors were found.
   
   KLEIN RESPONSE: I strongly disagree with this finding. The filing errors were neither minor, nor were they even possible to correct. I refer you to the FPPC web site at the following address:
   
   http://www.fppc.ca.gov/index.html?id=48&show=detail&prid=617
   
   The first enforcement action listed is a "Campaign Money Laundering Violation" where an attorney and partner in a Southern California law firm was the true source of donations that were made in the names of various friends and associates. His motive for laundering the funds through these other parties was not made clear; it simply is not relevant to whether or not public disclosure laws were obeyed. The amount of his donation was $25,500.The fine from the FPPC for this violation was $72,000. There are also numerous other enforcement actions reported by the FPPC for donation amounts far less than $25,500. How can the Grand Jury, or any reasonable person, possibly conclude that $104,000 of similar violations is in any way minor, when the FPPC clearly disagrees?
   
   
5. The former President was far removed from the detailed process of making filings and there is no evidence that he had knowledge of them.
   
   KLEIN RESPONSE: I strongly disagree with this finding. Despite my philosophical and policy differences with the former President of Sierra College, he was known as an organized leader who was deeply involved in the details of his most important initiatives. The passage of the Measure E ballot initiative was the primary objective that the Board of Trustees had given the former President at the time, according to what I've been told. The former President was deeply and directly involved in the fundraising process, making numbers of fundraising telephone calls and visits to potential donors. Donors were instructed to "use the Foundation as the mechanism for submitting these funds" (these are the words of one donor in particular, whose letter stating such was provided, but ignored by the Grand Jury in its report). I simply do not believe that the former President was so distant or removed that he did not understand or comprehend the basic disclosure obligations required by the law.
   
   
6. Complainant failed to exercise due diligence before taking the serious step of making charges, and as a result, the complaint was inconsistent with the facts. The charges are unfounded, misleading and full of unsubstantiated allegation.The charges are utterly without merit.
   
   KLEIN RESPONSE: I strongly disagree with this finding. First, I want to clear up a rather significant error in your report. During my testimony in regards to FPPC "Manual D", it was my understanding that you were asking if I had specifically consulted the guide when evaluating the facts of this case. I answered truthfully that I had not, but your report implies that I had never before read the FPPC Manual D.
   
   In fact, I have read it and consulted it many times before. The only reason that I did not consult it in evaluating the facts of this particular case is that the facts of this particular case are so simple, clear and convincing. There is no question that legal violations did occur, as your own report does eventually agree in small print.
   
   I exercised very solid due diligence investigating the issues. I could have hastily filed the complaint in October, prior to the election, when I discovered them. That would probably have sealed what was at the time an uncertain victory for the seat. I chose to be cautious and investigate further.
   
   I carefully compared the facts of the case with the law, consulting with the individuals I described in my testimony and relying on my deep knowledge of California political disclosure laws, which, as the Grand Jury reluctantly admits, was correct And I very carefully made a judgment on their importance by examining past actions of the FPPC to determine whether these were major or minor violations. As best as I can tell, the Grand Jury uses the following line of reasoning to support their finding: "because we feel that the admitted violations were minor, and because Complainant does not agree with our opinion, it is clear that he did not exercise due diligence.”
   
   The facts of this case and the past actions by the FPPC prove to any reasonable person that these violations ate most assuredly not minor. The Grand Jury's entire report appears to rise and fall on that single thread.
   
   
7. The facts support the conclusion that the charges were a contributing and unjustified factor in the former President’s decision to seek an early retirement.
   
   KLEIN RESPONSE: I have to disagree with this finding, because I cannot characterize what the thought process of the former President might have been. As stated in my testimony, the facts at issue in this complaint were only the final straw, and counted perhaps 20% of the major philosophical and policy differences that I had with the former President.
   
   
8. Complainant’s insistence that the Foundation be barred from supporting Sierra College bond measures by donor solicitation as an intermediary is an unfounded opinion. The Foundation should not be prohibited from legal fund raising and bond measure contribution activities as the result of the erroneous view of a single Trustee.
   
   KLEIN RESPONSE: I disagree. It is long past time that we ensure that there is not even the appearance of impropriety in Sierra College financial dealings. If it means that we cannot offer tax deductions of a dubious legal status to our donors, then so be it.
   
   So far, that has yet to affect the fundraising efforts for this year's bond campaign, where donors have written checks directly to the political campaign, and those donations have been disclosed in accordance with the law. There has yet to be a donor who has said they would not donate unless given a tax deduction.

PLACER GRAND JURY RECOMMENDATIONS

The scope of the Grand Jury’s investigation was to examine the complaint filed against the former President by Complainant. In spite of the fact that the former President had long departed the College, we believe this to be a constructive investigation. First, there
had been no public resolution of the complaint since the other agencies that received it did not act. Also, our interviews with the College and Foundation staff showed that they were under the mistaken impression that the FPPC or some other agency might yet act, and they were waiting for that to occur. Also, the staff remains under a cloud, being led to believe that they had participated in doing something unwise, unethical or illegal, when in fact they had not. Although the staff has moved forward, it is with a sense that a wrong has been done, both by themselves through unwitting errors and by Complainant as their critic.

With the Grand Jury’s investigation and findings complete, there are constructive actions that can be implemented to put the matter behind the College and to enable needed healing. The following set of recommendations is offered with that intent.

The Placer County Grand Jury recommends that:

1. The Sierra College Board should extend the Grand Jury’s thanks and appreciation to the College and Foundation staff for persevering in the best interest of the College and the community through a difficult and trying time.
   
   KLEIN RESPONSE: This recommendation will not be implemented as worded, because it is not warranted. It has been a difficult and trying time for Sierra College staff, and I would like to express my regret, not for filing the complaint, but for the difficulty it has caused the hard-working faculty and staff at Sierra College. Though I disagree with some of them from time to time, I admire them greatly as the engine of student learning at a remarkable community institution.
   
   
2. The Board should publicly acknowledge that the complaint filed by one of its members was without merit and should offer an expression of regret to the College community, the former President, and the public.
   
   KLEIN RESPONSE: This recommendation will not be implemented because it is not warranted and is not reasonable. The Grand Jury failed to prove that the admitted violations were minor, and therefore, their assertion that the complaint was without merit is false.
   
   
3. As a significant healing step for the college community, the Board should acknowledge in some tangible way the contributions of the former President’s tenure.
   
   KLEIN RESPONSE: This recommendation is implemented with the following statement. I'm certain that the former President did quite a number of good things for the community, and for the college. I wish him well, and look towards a bright future with our new President.
   
   
4. Complainant should apologize to the College community and the public at large for filing charges, which the Grand Jury has proved to have no merit.
   
   KLEIN RESPONSE: This recommendation will not be implemented because it is not warranted, is not reasonable and is inconsistent with my oath of office. When I was elected, I swore to uphold the constitution and laws of the State of California. For doing my sworn duty and upholding the law, I cannot apologize.
   
   
5. It should be recognized, with support of legal counsel, that there may be substantial advantages to allowing the Foundation to raise funds for College bond issues as an intermediary as enabled by the IRS and FPPC rules.
   
   KLEIN RESPONSE: This recommendation will be implemented, as the board has determined that it will ask the foundation to seek legal counsel on this issue in the future. I remain opposed to this practice, because of the importance of avoiding even the appearance of impropriety.
   
   

Voice of the People: Klein, Simmons are 'not serving the public good'

Auburn Journal
Letters to the Editor
Monday, June 26, 2006 10:47 PM PDT

Please let me state that I admire Ben Mavy's loyalty to the Republican cause in Placer County, Journal June 15. He has been a consistent public voice in support of the issues of most concern to the Placer County Central Committee.

The Sierra College leadership is a mess. While Mavy personally may support various members of the Sierra College board, the fact is actions taken by the board, in particular, Jerry Simmons and Aaron Klein, have caused harm to the financial health of the Sierra College district, and the fact is the bond measure they sponsored failed miserably during the recent election. Someone needs to be held accountable.

Sometime you just have to take a step back and look at the facts, and ignore rhetoric and political posturing. Here's some simple facts. Serious charges were levied against former school President Kevin Ramirez. Those have been proven, without a doubt to be false charges. Simmons and Klein have shown zero remorse relative to their role in the charges, or unwarranted dismissal of Ramirez. Attendance is down. The public stated clearly in the last election how they felt about Simmons.

It is Simmons and Klein who owe the public an apology, and if they continue to maintain their stubborn position, then they are not serving the public good and should resign. It's that simple.

Save Sierra College - Bipartisan effort to recall Aaron Klein and Jerry Simmons

Join the non-partisan, community-led effort to save Sierra College from the negative impact "trustees" Aaron Klein and Jerry Simmons have had on Sierra College.

A new website savesierracollege.com presents citizens the opportunity to:

1. Locate petition sites
2. Volunteer to help
3. Make donations
4. Learn the history of how these two trustee's political ambitions cost the college hundreds of thousands of dollars, forced an outstanding college president to retire, threatened and intimidated students, faculty and staff who questioned their tactics and harmed the college's reputation.

The goal is to gather 28,000 petition signatures by early July to qualify for the November ballot.

Visit savesierracollege.com to volunteer to collect signatures or to make a donation. Please reach into your pocket, add your voice and/or lend a hand. The future of Sierra College is at stake.

Simmons apologizes to Sierra College community

By Kim Minugh -- Bee Staff Writer
Published 12:01 am PDT Wednesday, June 14, 2006
Story appeared in Sacramento Bee Metro section, Page B1

Saying he was "deeply humbled" by the results of last week's election, Jerry Simmons issued an apology to the Sierra College community Tuesday night for his performance as a trustee and the political rancor that has unraveled relations among the board, employees and area residents.
Last week, Simmons lost a bid for a seat on the Placer County Board of Supervisors, lost his seat on the Republican Central Committee and also suffered a defeat of his college's $78.2 million bond measure -- all while he was the subject of a recall effort also directed at fellow trustee Aaron Klein.
"I apologize … for how I've handled my role as a trustee. Although I had the best intentions, sometimes my implementation of key decisions was done poorly," Simmons said.
Simmons said he has spent many sleepless nights over the past few weeks pondering how to help the college move forward. He hoped the apology was "a place to start."

He then voted with three other trustees -- Klein, Scott Leslie and Nancy Palmer -- against a motion to remove him as president of the Sierra Joint Community College District board of trustees. The motion -- which needed five votes to pass -- failed, with trustees Dave Creek, Dave Ferrari and Barbara Vineyard backing it.

Klein also issued an apology during the meeting, saying he felt bad that some in the Sierra College community "have been hurt in some cases by what I've said or perhaps the way I've said them.

"For that, I wholeheartedly and honestly apologize," he said.

But some critics said the apologies came too late, and that the vote on the motion to remove Simmons as board president only would fuel a recall effort launched two weeks ago against Simmons and Klein.

"They have got to admit that they have brought this college to its knees … and that they have absolutely demoralized the college and polarized this board," biology professor Joe Medeiros said. "Their behavior does nothing but fill the sails for the recall campaign."

Trustees voted on Simmons' presidency at the request of Creek, who said last month that Simmons needed to be removed because of his threatening and intimidating leadership style.

But at Tuesday's meeting Creek said he was struggling to determine whether a vote was appropriate, given Simmons' apology.

He later suggested that Simmons resign as president to "calm people down" and get the board back to college business.

In what appeared to be an effort to reach out to other trustees, Creek suggested that Leslie take the board's helm. Leslie has expressed support for Simmons in the past and is seen as part of the board majority.

Simmons said that he was not prepared to make a decision, and that the request to step down as president was "not well-timed."

He urged trustees to wait until the college's new president, Leo Chavez, takes office next month and helps formulate a plan on how to ease tensions.

Ferrari, who served as board president before Simmons, said he feels politics have caused trustees to lose sight of their mission. Though he said he appreciated Simmons' apology, he said the college would best be served with a new board leader.

During a recess in the meeting, Johnnie Terry, president of the faculty senate, said he felt the crowd of about 75 employees and residents would leave angrier than they came in and more ripe to support the recall effort.

Embattled Sierra College board leader apologizes

By: Loryll Nicolaisen, Auburn Journal Staff Writer
Wednesday, June 14, 2006 3:12 PM PDT

ROCKLIN - Jerry Simmons remains president of Sierra College's board of trustees.

Four trustees, including Simmons, voted Tuesday evening against a motion made by trustee David Creek to remove Simmons from the position of board president.

"I am going to redouble my efforts to make Sierra College an even better place for all the students that we serve," he said Tuesday evening.

Although four trustees voted to keep Simmons in his position, other trustees and community members expressed disappointment in his actions.

Simmons admitted at the start of Tuesday's board meeting that he could have done a better job during his tenure as board president.
"I wanted to take time to apologize to members of the college community of how I've handled my role as a trustee," he said. "Although I've had good intentions my implementation of key decisions was done poorly. I often have not known what was the best way to encourage people to have unity."

Simmons told the board and audience members that he is committed to helping students, including those of Sierra College's student newspaper.

"I wanted the students on the student newspaper to know my interest is in strengthening the student newspaper program," Simmons said. "I think that with proper support...that program could be even better than it is today."

News that Simmons had criticized The Outlook newspaper was revealed in a letter sent to trustees in May by Dr. Morgan Lynn, Sierra College interim president, that stated allegations of Simmons' attempt to silence college staff who have criticized the board. One of those staff members was Kent Pollock, a part-time faculty member and Outlook adviser.

"In no way were any of my comments intended to be a commentary of the students working on that program," Simmons said.

Elizabeth Hubbs, 20, a Sierra College student and former Outlook editor, addressed Simmons during public comment, saying she accepted his apology but questioned the sincerity behind it.

"I think you should resign," she said. "I think it would be a service to the college community."

Trustee Creek asked Simmons if he would extend his apologies to individuals like Johnnie Terry, Sierra academic senate president, and Anthony Maki Gill, president of the school's classified senate. Both Terry and Gill were named in Dr. Lynn's letter as staff members Simmons attempted to reprimand.

"It's hard to trust...that your apology is sincere," Terry said.

Terry said he'd accept Simmons' apology but questioned if it would heal the college community.

"It's bigger than just the individual here and it goes beyond that," he said.

Gill said Simmons' apology was too little, too late.

"I don't know if we can risk that opportunity for you to do more damage," Gill said.

Joanne Neft, an agriculture advocate from Auburn, is one in a group of 10 people who recently signed a notice of intention to recall both Simmons and trustee Aaron Klein. Neft gave Simmons and Klein a letter at Tuesday's board meeting asking for their resignation in lieu of putting the college community through the negative recall process and to make way for working to rebuild the college after Measure B's failure on the June 6 ballot.

"I believe that once Mr. Simmons and Mr. Klein have resigned from the Sierra College board, many hundreds of people will join hands in support of a bond measure to invest in the college's future," she said, reading from her letter.

Ben Mavy, of Applegate, is a former Sierra College student. Mavy called what others had said against Simmons and Klein during public comment "cockamamie bull."

"The people that are attacking you, Jerry and Aaron, don't have the college's interests in mind," he said during public comment.

Trustee Creek said his objective was not to humiliate Simmons and that the attempt to remove Simmons from his role as president wasn't a pleasant topic for anyone on the board, including himself.

Following the 4-3 vote against removing Simmons, Creek said he wasn't happy with the outcome.

"I'm disappointed that Jerry decided he would remain because I think it would be better for the board, functioning together, if he didn't," he said.

The Journal's Loryll Nicolaisen can be reached at lorylln@goldcountrymedia.com.

Sierra trustees to decide Simmons' fate

Sierra College trustees meet today to discuss whether Jerry Simmons should be replaced as board president.
By: Loryll Nicolaisen, Auburn Journal Staff Writer
Monday, June 12, 2006 11:22 PM PDT

Removal of Simmons as board president and the election of his potential replacement are subjects up for discussion and action at today's Sierra Joint Community College District board of trustees meeting, which convenes in open session at 4:45 p.m. at the Rocklin campus.

Trustee David Creek asked at a May 9 board meeting that an item be added to the next meeting's agenda that would open the discussion leading to the Simmons' possible removal as board president. If voted down from the presidency, Simmons would retain his trustee seat on the board.

"Abuse of power, intimidation, attempt to stifle free speech - those things are sort of the shell of the matter," Creek told the Journal in May. "If I was trying to get what the idea of this is into a few words, that's it."

A vote to remove a board member must be approved by five "yes" votes. There are seven trustees and Simmons, along with trustees Aaron Klein, Nancy Palmer and Scott Leslie, have voted as a four-trustee block on past board decisions.

Simmons, who could not be reached for comment Monday, told the Journal in May that criticism from Creek and Sierra staff was politically motivated by the June 6 primary election.

Former Auburn mayor Cheryl Maki is one in a group of 10 people who recently signed a notice of intention to recall both Simmons and trustee Aaron Klein. Maki said Monday that results from the June 6 primary election are proof of Placer County's distaste for Simmons. Garnering less than 14 percent of the vote in the race for Republican Central Committee, Simmons also failed to take the Placer County supervisor seat from incumbent Robert Weygandt.

"I think the election results spoke loud and clear that people don't want Jerry Simmons in any position of power," Maki said. "I think it was a pretty loud, strong voice of the county saying, 'Jerry, goodbye.'"

Trustee Scott Leslie said Monday afternoon that the board and the college should direct the focus attention away from Simmons.

"Now is the time to be focused on the important business of Sierra College for the students and the community," he said. "It's not the time to be making personal attacks. That distracts us from the business at hand."

Trustee Creek told the Journal in May that the breaking point came when he and other trustees received a letter from Dr. Morgan Lynn, Sierra College interim president, stating allegations of Simmons' attempts to silence Sierra staff members who have openly criticized the board.

Lynn's e-mail accused Simmons of attempting to "micromanage" staff, and caused a flurry of further e-mails throughout the campus community.

Lynn mentioned in her memo to trustees that Johnnie Terry, academic senate president, told her he'd been advised by Simmons through a third party to "back off." Lynn also noted in her letter that Simmons asked her to discipline Anthony Maki Gill, Sierra classified senate president, for distributing a campaign flier via campus e-mail.

Lynn also mentioned in her memo to trustees that Simmons asked that Kent Pollock, a part-time faculty member and adviser to The Outlook student newspaper, be disciplined after an editorial Pollock wrote was published in the Auburn Journal.

Elizabeth Hubbs, 20, is a Sierra College student and former Outlook editor who spoke against Simmons and his comments during the May 9 trustees meeting.

"I think he should just be banned from the board of trustees altogether," Hubbs said Monday, "but taking his presidency away is a good first step."

Trustee Nancy Palmer disagrees. She thinks Simmons' background as an attorney makes him the trustee most qualified to act as board president.

"Since he's been president we've had a lot of different problems clear up," she said Monday. "...It seems like, when you're a trustee, no matter what you do, you can never make everyone happy."

Palmer said this isn't the first time Creek has tried to have a trustee step down from presidency.

"Trustees shouldn't let politics enter into it," she said. "We're here for one reason - we're here to do the college business."

Although Palmer doesn't know how today's meeting will turn out, "It will be an interesting meeting," she said.

The Journal's Loryll Nicolaisen can be reached at lorylln@goldcountrymedia.com.

Sierra split could worsen

A colleague now is proposing that the board president be stripped of his title.
By Eric Stern and Kim Minugh -- Bee Staff Writers
Published 12:01 am PDT Sunday, June 11, 2006

Story appeared in Sacramento Bee Metro section, Page B7

Sierra College has been plagued by grand jury reports of administrative mishaps, a board takeover and the ouster of the college president. A recall effort is under way, and the Board of Trustees president faces a coup this week from fellow trustees.
Another wound remains open after Tuesday's election, when a bond measure to renovate campus facilities failed at the polls for the second time in two years.

Some attribute its failure to tightfistedness among voters in Placer County, a conservative enclave that has surpassed Orange County in terms of per-capita registered Republicans. Others see the bond's defeat as a referendum on the fractured board of trustees.
With 20,000 students, Sierra College in suburban Rocklin remains a source of local pride, a regional economic engine and a rival to long-dominant community colleges in the area, such as Sacramento City College.

Sierra College satellite campuses have opened in Roseville, Grass Valley and Truckee. There is talk of another in Lincoln.

Academics at Sierra rate highly -- the school is the state's leader in awarding associate's degrees.

The main campus -- nearly as large as California State University, Sacramento -- is a pastoral refuge along Secret Ravine.

The road that leads there, Sierra College Boulevard, is an ever-widening thoroughfare of Placer County that cuts through hillsides covered with new homes and shopping centers.

Low-slung buildings ring a green campus mall, and a newer, four-story library stands as a giant, white monument in the center. Sierra is one of the few community college campuses in California with dormitories.

But the landscape disguises aging buildings, where heavy rains often flood floors -- at times shutting down the school's telephone system. In 1997, deteriorating facilities were cited by the San Francisco 49ers as a reason they pulled out of Sierra, where for 17 years they had held summer training camp.

Accommodating growth is not a new problem for the seven-member board of trustees. The challenge is among themselves.

The infighting began nearly 15 years ago with a kindergarten teacher.

The teacher, Sally Robison, was elected to the board in 1992 on a shoestring campaign and forced the board to take a harder look at spending, at times to the point of frustration -- she once questioned a $31 bill for bottled water.

The board continued to be dominated by longtime community leaders. "There was an attorney, an optometrist, a restaurant owner, a farmer, another farmer, and the latest one who has come on was … an administrator in the school district," recalled Barbara Vineyard, 67, who has served on the board since 1983. "It was pretty calm."

At times it was too sleepy, a Placer County grand jury said. College officials were secretive about a $600,000 gender-discrimination lawsuit, and the district was balancing its budget by borrowing from employee retirement funds, according to grand jury reports in 2000.

By 2004, a slate of ambitious young Turks -- Republican Party activists in their 20s and 30s -- had taken over the board with a pledge to tighten financial controls at the college.

Their politics weren't unusual. Most elected officials in Placer County, including the Sierra trustees, are Republicans. But the new board members introduced a level of rhetoric never seen on the apolitical panel.

Trustee Aaron Klein, 27, a county GOP committee member and prolific Internet blogger, has attacked "Howard Dean ultra-liberals" on his Web site for the backlash against him and other board members.

"What we have is a relatively small group of very liberal faculty and staff who do not want to be governed by a conservative Republican board of trustees," said Jerry Simmons, 32, president of the board of trustees and another GOP committee member.

Other trustees are baffled that political labels have taken such a high profile -- and are tossed around so loosely.

"I'm a fourth-generation registered Republican in Placer County," said Vineyard, who has clashed with the new board members.

Klein led the charge last year to push out college President Kevin Ramirez, a popular administrator. One board meeting during the controversy was moved to a campus theater to accommodate employees supportive of Ramirez.

Klein accused Ramirez of breaking the law -- money laundering -- to bolster a 2004 bond vote for the campus. Ramirez, after leading the campus for 12 years, stepped down in January 2005 with a $500,000 contract buyout.

A county grand jury later said -- in bold-faced type -- that the allegations against Ramirez were "utterly without merit" and suggested that Klein apologize for stirring the controversy and tarnishing the college's reputation.

Faculty and staff are now pushing back, although several say they feel threatened for speaking out. To protect themselves, management staff joined the Teamsters union last year.

Interim college President Morgan Lynn said the new board members are looking for problems that aren't there, nitpicking at district spending plans.

Budget talks last year led to delayed spending on routine items, she said. Twenty-dollar DVDs for nutrition classes were put on hold for months, new anatomy models couldn't be ordered for nursing students and a professor, tired of waiting for approval, paid $25 out of pocket to renew the school's annual membership in a state chemistry association.

Over the past 10 years, the district has maintained budget reserves from $4 million to $7 million and has improved its bond rating to ease future borrowing.

Recently, the district was dipping into reserves to balance the budget, now more than $75 million. Last year, trustees built a surplus for the first time in four years, and the new trustees say more money is being set aside for facility maintenance and employee retirement benefits.

"For years, the board largely has been a rubber stamp," Klein said. "In the last election, that changed. … We're doing the job the voters sent us here to do."

Voters already may be wary of the new tone and direction of the Sierra board, however. In last week's election, the bond measure failed, and trustee Simmons lost his bid for county supervisor and was dumped from the GOP central committee.

"Obviously the public was sending a message," said Anthony Maki Gill, president of a Sierra College employee group.

A recall -- led by former Placer County mayors and a former supervisor -- is being pushed against Simmons and Klein. At this week's meeting, Simmons also will be fending off fellow trustee Dave Creek's proposal that Simmons be stripped of his title of board president.

Attention also will shift to incoming district President Leo Chavez, currently heading a San Jose community college district, who starts at Sierra next month.

Meanwhile, students like Mary Anne Dizon, 21, are more concerned about fee increases, expensive textbooks and getting into required classes. "When I'm so into studying, I forget what's going on around us," she said.


Sierra College: A timeline
2000
January: Grand jury discloses that the college negotiated a $576,000 settlement with a campus librarian to end a gender-discrimination lawsuit

July: Grand jury criticizes college for mismanaging funds, restricting public information and invading privacy of a trustee who clashed with administrators

2001
February: Grand jury criticizes college officials for borrowing $165,000 from retirement funds to balance budget

2002
November: Jerry Simmons elected as a district trustee

2003
March: State budget cuts force tough decisions; trustees eliminate 400 courses and slash library hours

2004
March: Voters reject $394 million bond measure for Sierra College campuses

November: Voters approve bond measures for satellite campuses in Truckee and Grass Valley; Aaron Klein and Scott Leslie win election to board of trustees; Simmons re-elected; new bloc formed with incumbent trustee Nancy Palmer

December: Klein accuses college President Kevin Ramirez of money laundering, calls for investigation

2005
January: Ramirez forced out after 12 years as head administrator

2006
March: Grand jury clears Ramirez of wrongdoing, blames trustee Klein for stirring controversy with "unfounded, misleading and ... unsubstantiated allegation(s)"

May: Board rejects most findings of grand jury; recall effort is launched against trustees Klein and Simmons

June: Voters reject $78.2 million bond measure for Rocklin campus; Simmons loses elections for county supervisor and county GOP committee seat

July: Leo Chavez, interim president at a San Jose community college, to take over as new Sierra College president

Voters reject renegade leaders

Published 12:01 am PDT Saturday, June 10, 2006
Story appeared in Sacramento Bee Editorials section, Page B6

Sometimes voters send a subtle message in an election. Sometimes they send a primal scream. Tuesday night in Placer County, they screamed.
The message was clear. Either the leaders of the Sierra Joint Community College District change their ways, or the leadership will be changed -- one way or another.

For the sake of the district, thousands of students and hundreds of educators and staff, the cleanest solution is for at least three district trustees -- Jerry Simmons, Aaron Klein and Scott Leslie -- to resign rather than wait for voters to do the inevitable.
On Tuesday night, the voters made their intentions clear about the Sierra College leadership in three different items on the ballot. First, they resoundingly rejected a bond that was personally championed by Simmons, Klein and Leslie that would have funded bare-bones maintenance for the community college district.

Don't misread this outcome. Voters haven't turned against higher education. They simply are sick of how the board leadership mistreated a popular president (he has left) and disrespected a county grand jury review of their shenanigans.

Second, voters turned against Simmons and his supporters -- particularly financier and developer Angelo K. Tsakopoulos (a Democrat from Sacramento) -- by rejecting his candidacy for the Placer County Board of Supervisors. Instead, they re-elected incumbent Robert Weygandt of Lincoln by roughly a 3-1 margin.

And third, Simmons ran dead last among six candidates for five seats on the Placer County Republican Central Committee. Klein and Simmons have been leaders of this committee. Only Placer County Republicans could vote in this central committee election. With Simmons placing last, it is clear that rank-and-file Placer Republicans don't think much of what has happened to their own local party.

A recall effort is under way to oust Klein and Simmons, but Leslie should be squirming as well. All three of them have lost any moral authority to run Sierra College, because they are running it into the ground.

The defeat of an otherwise non- controversial bond suggests that voters won't trust Simmons, Klein or Leslie with their money. And who can blame them?

But that distrust can't be allowed to endanger the future of Sierra College and of higher education in Placer County. The necessary investments won't happen until leadership of the district regains credibility with the community. That won't happen until there is new leadership. One way or another, Placer is poised to clean house. The sooner there is new leadership for Sierra College, the brighter the future for Placer County.

Election costs Simmons Campaign $106 per Vote.

PLACER COUNTY SUPERVISOR 2ND DISTRICT
Election Results
Total Votes - 16,452. 100% reporting.

ROBERT M. WEYGANDT
11,549 votes - 70.2%

JERRY SIMMONS
4854 votes - 29.50%

According to an article in the Auburn Journal (Wednesday, May 31, 2006), adding Simmons donations and Tsakopoulos independent expenditures together, opponents spent $514,000 in an attempt to unseat Robert Weygandt resulting in a record cost of $106 for each of Simmons' 4,854 votes.

Simmons Rejected by 70% of Voters

Weygandt re-elected by wide margin

Sacramento Bee
Published 12:01 am PDT Wednesday, June 7, 2006

Placer County Supervisor Robert Weygandt clinched an overwhelming victory Tuesday over challenger Jerry Simmons.
With all precincts reporting in supervisorial District 2, Weygandt received 70 percent of the votes to win a fourth term on the board. He attributed the large victory margin to voters' recognition of his work on the board and the tenor of Simmons' campaign.

"It was partly his negativism and part of it was the money he received from developer Angelo K. Tsakopoulos, and I think both of those played into it," Weygandt said.


Simmons, president of the board of trustees of the Sierra Joint Community College District, raised $416,790 for his campaign, the most money ever raised for a Placer County supervisors' race.
Weygandt said he is looking forward to another four years.

"It was an election unlike any I've ever seen in Placer County, and I hope that we don't see one like this again," he said.

Simmons said that despite his loss, he has no hard feelings toward Weygandt.

"I called Robert Weygandt to congratulate him on his victory," he said. "It was a hard-fought campaign, but I pledged to support him 100 percent during his next four years in office.

"The election's over, and it's time that the Republican Party come together and be unified behind the candidate that the voters re-elected."

In the race for supervisorial District 1, no one received a majority of the vote. The two leading vote-getters Tuesday -- Roseville City Councilman F.C. "Rocky" Rockholm and Placer County Water Agency director Pauline Roccucci -- will face each other in a runoff in November.

With all precincts reporting, Rockholm received 45 percent of the vote, Roccucci received 40 percent and Roseville City School District trustee Rene Aguilera received 15 percent, knocking him out of the race.

In both races for supervisor, the hot issues involved growth and included how candidates would approach land-use decisions and policies, traffic problems and water availability in the burgeoning county.

The race between Weygandt and Simmons turned out to be the more contentious of the two, with campaign contributions and finger-pointing taking the forefront.

The race seemed fairly benign until January, when Simmons, 32, began raising large amounts of money for his campaign.

As of Tuesday, Simmons had raised record-breaking amounts of contributions for his campaign, which included a $100,000 late contribution from Angelo K. Tsakopoulos and more than $100,000 from Tsakopoulos' friends and business associates.

Weygandt's fundraising began last year, and he had amassed a sizable war chest in the weeks prior to the election. Weygandt, 54, had raised $394,980 as of Tuesday, with $79,000 having come from the United Auburn Indian Community, operator of Thunder Valley Casino.

The competition also was heightened by an unexpected endorsement of Simmons by the Placer County Republican Central Committee and cable television ads and mailers by Kyriakos Tsakopoulos, Angelo's son, criticizing Weygandt.

The central committee in March voted 18-4 in favor of endorsing Simmons, the committee's secretary -- the first time the local GOP hasn't endorsed an incumbent supervisor.

In May, Kyriakos Tsakopoulos, president of KT Development Corp., mailed letters and appeared in ads opposing Weygandt and criticizing him for not supporting a 2005 advisory ballot measure that asked voters to endorse his proposal to donate land in western Placer County for a private, four-year university and community project.

Weygandt has maintained that he supports a private university, but considers the site proposed by Tsakopoulos for the project "imperfect."

While the race for District 1 on the board wasn't as brutal, it had its moments of tension.

Roccucci, 58, accused Rockholm of being misleading by stating in campaign mailers that he is a two-term Roseville mayor and has served on the council for eight years.

Rockholm, 61, said he was the highest vote-getter in the last Roseville council election, is slated to be mayor again in November and will have served eight years if he finished his current term.

Weygandt soundly defeats Simmons

Robert Weygandt was easily elected Tuesday to his fourth term representing District 2 on the Placer County Board of Supervisors.
By: Joshua W. Bingham, Auburn Journal Gold Country News Service
Wednesday, June 7, 2006 9:33 AM PDT

"By golly it feels good," Weygandt said of the win. "I am obviously ecstatic."

Gratified by the majority of people who voted for him, Weygandt said he is ready to get back to work.

"Thanks to everybody for their continued support over all of these years," he said. "I look forward to working on their behalf over the next four years."

Weygandt's opponent, Jerry Simmons, who is the current president of the Sierra College Board of Trustees, said before the final election results were known Tuesday that he would be supportive if he lost.
"I will do everything I can to support Robert Weygandt over the next four years," he said.

After a campaign in which he spent about $450,000, Weygandt said this race was astounding.

"It certainly was different," he said. "Not one that I hope is replayed in Placer County for a local election - a fortune spent, a lot of polarization, a lot of negativism and I'm glad it's over."

Simmons estimated his team spent about $380,000 on the campaign. Weygandt, however, estimated the Simmons' camp spent twice as much as his own.

Causing much media coverage was the fact that the Tsakopoulos family, major developers in the greater Sacramento area, donated $100,000 to Simmons' campaign on May 31.

Although a Placer County Elections Division spokesperson relayed that according to late contribution reports, $118,500 was given to Weygandt's campaign and $232,251.83 was given to Simmons' campaign between May 25 and June 2, a true receipt of how much money was spent wouldn't be available until required in a report later in the year.

Before learning of the election night results, both candidates commented on the race.

Weygandt said he ran in order to properly complete the Placer County Conservation Plan in partnership with cities and water agencies "to make sure Placer County is going to be a special place forever" with a proper framework of development, open space and an effective transportation system.

In the days prior to the election, both candidates said they walked precincts and worked the phones. Simmons said he made guest appearances on radio shows. Both candidates also appeared in many TV commercials.

"I think the voters have been very warm and friendly with me as I've been going door to door," Simmons said. "And I'm so happy to live in a community full of such warm and friendly people."

Weygandt said he walked the Sun City Lincoln Hills and Twelve Bridges areas of Lincoln, as well as the Stanford Ranch area of Rocklin. He concentrated on areas with newer developments and people who might not already know him.

Now that he's been re-elected, Weygandt said he'll focus on conservation plan policy as well as smoothing out some rough edges in the county, and the local Republican Party, which surfaced during this election.

"And I think if we fix those things that aren't functioning properly we can get things back to business in Placer County and continue to do the extraordinary work that we've enjoyed over the past several years," Weygandt said.

While leaving a voting polling place in Lincoln, Kenneth Rowley said he wasn't happy with this year's county supervisor race and how either side worked the election.

"I know Robert Weygandt personally," Rowley said. "And Jerry Simmons seems to be a nice person. But I have not liked what is happening. Our county is very peaceful. And the supervisor's race has gotten out of hand. It grieves me that it has turned out the way it has, real nasty."

About the amount of money spent during the campaign, Lincoln resident Vera Lampros said while leaving a polling place that the money should have been better spent where it's needed.

"Our schools need the money," she said. "Children need more money."

Weygandt said probably all of his major contributors have had disagreements with him in the past or seen him vote against them and know where his loyalties lie, no matter what they donate.

Weygandt said he's humbled so many people and elected officials stood up to support him, even when personal business was at risk or if it was somebody at Sierra College concerned about what might happen to them as a result of their support.

To his supporters and campaign workers, Weygandt wished to offer "an extra special, huge thank you knowing that we needed an extra special, huge effort from the very beginning."

Sacramento Bee: Democrat Developer pumps $100K to Simmons

Angelo K. Tsakopoulos gives to Placer County supervisorial hopeful.
By Mary Lynne Vellinga and Niesha Lofing -- Bee Staff Writers
Published 12:01 am PDT Thursday, June 1, 2006

In one of the biggest single contributions ever given in a local race, Angelo K. Tsakopoulos, the region's largest developer, has given $100,000 to the campaign of a Republican candidate for supervisor in Placer County.

Tsakopoulos is Sacramento's most prolific campaign contributor to Democrats on the local, state and national level, so his involvement in the effort by conservative Republican Jerry Simmons to unseat three-term Republican Supervisor Robert Weygandt has drawn notice in Placer County.

The two Republican candidates have been raising record amounts of money for the District 2 seat in southwestern Placer County for Tuesday's election.


Angelo K. Tsakopoulos has been supporting Simmons from behind the scenes for months, but his contribution Tuesday -- reported to elections officials Wednesday -- brought that support into the open. It is by far the largest contribution either candidate has received in the race.
"It's just stunning," said Ken Campbell, former chairman of the Placer County Republican Party. "Tsakopoulos has bought a candidate, and now he's trying to buy an election."

Tsakopoulos did not respond to a Bee request for comment Wednesday. Last week, he declined to comment on his role in the Weygandt-Simmons contest.

But Simmons said Wednesday he asked Tsakopoulos for the money to match funds flowing to Weygandt from the United Auburn Indian Community, operators of Thunder Valley Casino outside Lincoln. As of Friday, the tribe had donated $79,000 to Weygandt over the past two years: $50,000 of that money came in a single donation last week.

"When I saw that Thunder Valley Casino had given Robert Weygandt more than $80,000 to fund his campaign, I realized I would be significantly outspent if I didn't do some fundraising in the final week of my campaign, so I called Angelo Tsakopoulos and asked him to make a contribution," Simmons said.

Last week, Simmons told The Bee that he was unaware that the Tsakopoulos family was providing him with financial support, despite his campaign having received more than $100,000 from numerous friends and business associates of Tsakopoulos, some as far away as Chicago and New York City.

For the past week or so, Kyriakos Tsakopoulos, Angelo's son, has also been appearing in cable television ads criticizing Weygandt. Those ads were produced by Tsakopoulos independently of the Simmons' campaign. Kyriakos Tsakopoulos manages his father's land holdings in Placer County.

Local political consultants said that a $100,000 single contribution -- while it may not be record-breaking -- is large for a local supervisors race. Placer County has no contribution limits. In Sacramento County, individuals are limited to donations of $500 to candidates for the Board of Supervisors.

"I can't recall the last supervisorial campaign where a $100,000 contribution has been donated to a candidate," said Carlos Rodriguez, a longtime Republican political consultant in Newcastle.

"In any campaign, whether it's a local supervisorial race or a Congressional race, a $100,000 contribution has always been the exception rather than the rule," he said.

For Tsakopoulos, however, the donation to Simmons is minor compared to the millions of dollars he is currently spending to promote the gubernatorial candidacy of his former employee and protégé Phil Angelides, a Democrat.

Tsakopoulos and his daughter Eleni Tsakopoulos-Kounalakis have spent $8.7 million on an advertising effort on Angelides' behalf.

Angelides' opponent in the Democratic primary, state Controller Steve Westly, claims that Tsakopoulos has violated state election laws, and on Wednesday sent a letter to the state Fair Political Practices Commission asking it to take immediate action. Westly maintains that the family's independent expenditures on Angelides' behalf are not independent. Ben Davidian, a lawyer for the family, denies there has been any coordination with the Angelides campaign.

In Placer County, last-minute infusions of campaign cash could help Weygandt and Simmons pay for television ads and allow them to continue blanketing local voters with mailers. Weygandt reported raising $326,480 as of Friday. Simmons reported several other significant late contributions Wednesday, bringing his total to $350,790.

Weygandt said he was not surprised to learn of Tsakopoulos' donation.

"It's just an affirmation of what we've known forever," he said.

Weygandt said he was warned even before he announced his intention to run for a fourth term that the Tsakopoulos family intended to try to defeat him.

He and other local officials say Tsakopoulos blamed him for his failure to win quick county approval of his plans to donate land west of Roseville for a private university and adjacent development. Profits from a development next to the university would pay for its construction.

Weygandt, 54, said he supports a private university, but considers the land offered by Tsakopoulos an "imperfect site." The property borders thousands of acres of farmland also controlled by Angelo K. Tsakopoulos. Critics have long charged the university is a ploy to eventually open that land to growth.

Simmons, however, has been an enthusiastic supporter of the Tsakopoulos plan. Last year, he served as campaign chairman for Measure H, an advisory measure asking voters if they approved of the idea of building a private university on donated land. It passed with 61 percent of the vote.

"It's clear that I'm the pro-education candidate, and that the Tsakopoulos family and I share a common vision of constructing a new private, four-year university in Placer County," Simmons said Wednesday.

Simmons, 32, is president of the Sierra Joint Community College District board.

His tenure has been stormy. His leadership has been questioned by faculty and staff, and a group of Placer County leaders Tuesday announced a recall effort. Simmons and Aaron Klein, another trustee targeted for removal, say the recall is a politically motivated effort to keep Simmons from beating Weygandt at the polls.

Sacramento Bee Editorial: Who is Jerry Simmons?

Tsakopoulos Dems drift to GOP's right
Published 12:01 am PDT Thursday, June 1, 2006

Jerry Simmons is a 32-year-old attorney, a member of the Placer County Republican Central Committee and a candidate for the Placer County Board of Supervisors. His help in high places? The Tsakopoulos family, the region's most prominent developers and largest donors to Democratic candidates and causes.

Through mailers, television spots and campaign contributions, the family is supporting Simmons and opposing Robert Weygandt, a three-term incumbent who doesn't deserve to be ousted.

The family puts the focus on higher education. So let's talk about higher education in Placer County.

Simmons is part of a bloc that took over the Sierra Joint Community College District board of trustees. Key faculty and staff are in open revolt against Simmons, the trustees' president. Trustees have drastically scaled back the system's previous vision for expansion, ousted a popular president and earned the wrath of the Placer County grand jury.

The board under Simmons' leadership has been disastrous; Simmons is now one of the subjects of a recall campaign. If advancing higher education is the family's goal here, why pick Simmons? We tried to ask Kyriakos Tsakopoulos, the family's leader of Placer County projects, but his spokesman didn't provide an on-the-record answer.

So that leaves us wondering what is wrong with Weygandt. As we noted the other day, his goal of preserving open spaces and defining the future path of growth collides with the Tsakopoulos family agenda.

The family has long held an interest in about 3,000 acres of farmland outside Roseville. In 2003, the family proposed building a university on 600 acres and developing another 500 acres, with profits going to underwrite the campus. But a huge planning question -- the fate of the remaining acreage -- was left unanswered. Simmons led a campaign for a "build-a-university" advisory measure. Weygandt opposed it, because it ignored broader questions about the proposed university's impact on such things as traffic and farmland preservation. Now, Weygandt is being tarred as anti-university.

As for Simmons, the grand jury blasted the board's leadership in handling the departure of former Sierra College President Kevin Ramirez. A board member falsely accused Ramirez of illegally shifting funds to a university foundation to promote a bond for desperately needed university expansions. It was a self-inflicted wound. Voters rejected that ambitious bond, and now the board proposes only a conservative bond, mainly to finance repairs.

Ramirez's treatment and the dismantling of the system's expansion program have outraged faculty and staff. As Joe Medeiros, a 16-year professor, put it, trustees have "brought us to our knees in terms of morale and in terms of respect for the board."

Simmons' response? "We're less than 30 days from an election," he told The Bee's Kim Minugh "I have great confidence the public will see through their publicity stunt."

In one respect, Simmons is right. This is a stunt -- a deceptive campaign ginned up to to unseat a hard-working supervisor who had the guts to stand up to a powerful family accustomed to getting its way. This kind of election can tip the balance of power for a long time to come.

Power in Placer County belongs in the hands of independent leaders. A vote for Weygandt would send a powerful message that developers, be they Democrats or Republicans, be they from Sacramento or Sun City, can't buy elections in Placer County.

Sacramento Bee: Simmons blasted over political use of College Campus

Simmons' use of Sierra College in TV spot has some on campus seeing an ethical, policy breach.
By Niesha Lofing -- Bee Staff Writer
Published 12:01 am PDT Thursday, June 1, 2006

In the latest battle in the war for the District 2 seat on the Placer County Board of Supervisors -- candidate Jerry Simmons has come under fire for taping part of a political advertisement on the Sierra College campus.

Several faculty and staff members at the college -- where Simmons is president of the Sierra Joint Community College District's board of trustees -- are upset by what they say are Simmons' unethical actions and violations of campus policy by using the campus in his television spot.

Simmons defends his ad, however, saying that his use of the campus was not improper and is an effort by his opponent, Supervisor Robert Weygandt, to "attempt to distract from the real issues of the campaign."
"This complaint is merely intended to distract the voters from Robert Wey-gandt's terrible record as a supervisor," Simmons said.

The dispute is the latest in the race for the District 2 supervisorial seat and yet another in controversies swirling around Simmons on the college campus.

On Tuesday, a group of local officials filed a notice of intention to recall board of trustee members Simmons and Aaron Klein, based on claims that the two "wasted money, damaged the college's reputation and demoralized faculty, staff and administration," states a news release that names Rocklin Mayor George Magnuson and former Supervisor Rex Bloomfield among the group's leaders.

Simmons also has been criticized in recent weeks by Sierra College faculty and staff for what some call his intimidation of the campus community, and the board is supposed to vote later this month whether to keep Simmons as its president.

A letter to the board by Rebecca Gregg, a photography and applied art and design professor, criticizes Simmons for having taped one of his campaign ads showing the college's library and the Standing Guard Remembrance Garden gate in the background.

The garden is part of a project intended to commemorate the U.S. internment of people of Japanese ancestry during World War II.

Gregg argues in her letter, dated May 15, that by showing portions of the campus, Simmons is trying to imply that he has the support of the college in his quest for county supervisor.

"Since I teach visual communication, I assure you that this is no small matter," Gregg writes. "My students would easily recognize this tactic as a classic visual propaganda technique that, though unspoken, implies endorsement. … "His use of the Garden is appallingly insensitive and wrong."

Gregg, along with other faculty and staff, also is quick to point out that Simmons did not go through proper channels to get permission to film the ad on campus.

Sue Michaels, Sierra College spokeswoman, said anyone wishing to use the campus for filming purposes -- including use of the grounds -- must file a facilities request with the operations department 10 days in advance.

If the request is approved, a fee may be assessed, she said.

"(Simmons) did not put in a request with operations," Michaels said.

Historically, the district has not allowed the filming of political commercials, Michaels said.

"It's very important that we don't appear to do any kind of campaigning," she said. "To come out and support one candidate as opposed to another would be inappropriate for us."

Using the campus for political campaigning also is prohibited under board policy.

Board policy states that "No trustee shall use or permit others to use public resources, except that which is incidental or minimal, for personal purposes or any other purpose not authorized by law."

The government code relevant to that board policy also states that it is "unlawful for any elected state or local officer … to use or permit others to use public resources for a campaign activity," and further defines public resources as including land, buildings and facilities.

In the past 20 years, there have been no other political commercials filmed on campus, Michaels said, adding that "voter registration is the only non-advocacy political activity allowed on campus."

Simmons said he thinks the tumult over his taping part of his ad on campus is "ridiculous."

"I think the core and central point is that at no point did I use taxpayer time, equipment or personnel in the filming or production of the campaign ad," he said. "I think it's clear under (the government code relevant to the board policy) that the use was incidental in nature."

Others, however, disagree.

"It's an absolute violation of not only college policy, but ethics," said Joe Medeiros, a Sierra College biology professor. "This is a horrific ethical lapse of integrity."

Anthony Maki Gill, Classified Senate president, said many at the college are "aghast" that Simmons would not only tape a political commercial on campus without permission, but use the Standing Guard Remembrance Garden in the background.

"I think that is a pretty obvious example of Simmons' lack of sensitivity," Gill said. "I can only imagine the damage that he could wreak if he could dupe the public into believing he's the candidate they should elect."

Simmons pointed out that Weygandt's television ads also feature public property -- Rocklin and Lincoln city halls are both shown in the background.

Weygandt said his campaign representatives sought, and obtained, a permit to tape in Lincoln, and had the permission of the mayor and City Council in Rocklin.

Weygandt said he doesn't mind that he sought official permission to tape his ads, while Simmons did not.

"It doesn't bother me in that regard, but it is consistent with the way he is running his campaign," Weygandt said.

Auburn Journal: The Plot Thickens. Developer gives $100,000 to Simmons

By: Gus Thomson, Journal Staff Writer
Wednesday, May 31, 2006 11:26 PM PDT

Funds are flowing to Placer County supervisor candidate Jerry Simmons from the powerful Tsakopoulos development family of Sacramento, with the latest donation reported Wednesday in the form of a $100,000 check from AKT Development president and CEO Angelo Tsakopoulos.

Simmons, an education attorney whose elected post on the Sierra College board is the target of a recall effort, is challenging incumbent Supervisor Robert Weygandt, who's seeking a fourth term as District 2 representative.

Simmons had reported raising $388,000 in campaign donations by Wednesday, with a flood of money -- $174,000, including the Tsakopoulos donation -- coming in over the past week.

Weygandt had $333,000 in donations by Wednesday -- including a $50,000 campaign contribution reported last Thursday in a late filing from the United Auburn Indian Community, owner of the Thunder Valley Casino.

The Tsakopolous donation is believed to be the first six-figure donation by an individual to a supervisorial candidate in a county where election campaigns rarely raised more than $100,000 a decade ago.

"After Robert Weygandt took more than $80,000 from Thunder Valley Casino, I asked Angelo Tsakopoulos for help in my campaign so I wouldn't be significantly outspent," Simmons said. "I've been a strong supporter of the Tsakopoulos family's dream of bringing a private, four-year Christian university to South Placer County and I'm willing to accept donations from anyone who shares my vision for the future of Placer County irrespective of whether they're Republicans or Democrats."

But a leading Republican said Wednesday that the unprecedented support from the Tsakopoulos family represents a developer's unwanted meddling in an election to gain undue influence at the Board of Supervisors level.

Ken Campbell, former Placer County Republican Party chairman, said the donations from the Tsakopoulos camp -- which also include smaller donations from several people connected to the developer, including $11,000 from AKT Development executive Mark Enes of Sacramento, and $11,000 from Sacramento homemaker Kristin Enes - show Tsakopoulos has "bought" Simmons as a candidate.

Weygandt deflected questions on the alliance between Simmons and the Tsakopouloses, saying the two would be better able to answer why they're spending hundreds of thousands of dollars in the election to defeat him.

Weygandt said the United Auburn Indian Community contribution is the largest he's received during an election campaign. In total, the tribal contribution to Weygandt this year and last is $84,000.

Weygandt said the United Auburn Indian Community donation is an example of the broad-based funding support he has from groups and individuals he's worked with as a supervisor.

In the case of the 3-year-old Thunder Valley Casino, Weygandt said that he relied on an opinion backed up in the courts that the casino would be allowed and, on that basis, worked with the tribe on land-use issues.

"I've voted against many supporters but they know I'll give them a fair shake," he said.

Simmons said the Auburn Indian Community contribution illustrates the support Weygandt has given the casino, while donations to his campaign from the Tsakopoulos camp show the lack of support his opponent has provided the university development.

Simmons' efforts to defeat Weygandt have also been bolstered by spending totaling $126,000 by Kyriakos Tsakopoulos, Angelo's son, for cable TV ads and mailers to voters critical of Weygandt. Those expenditures were detailed in late independent spending reports submitted by Tsakopoulos

to the Placer County Elections Division between May 22 and May 25.

Adding the Simmons donations and Tsakopoulos independent expenditures up, opponents have raised $514,000 in an attempt to unseat Weygandt on Election Day this coming Tuesday.

Tsakopoulos, 80, has been the Sacramento area's biggest developer for more than two decades. He's founder of AKT Developments. Kyriakos Tsakopoulos, a Granite Bay resident, manages family land holdings in Placer County.

Weygandt said Kyriakos Tsakopoulos and Simmons are both "extraordinarily ambitious" and the stepped-up rate of late filings indicates a "stealth delivery" of their message to voters.

Weygandt said that his campaign has yet to file all its late contribution reports but that he doesn't expect anyone who hasn't already donated to make a major donation.

Campbell said he resigned as chairman last summer after it became apparent to him that Tsakopoulos - a Democrat - had found the Placer County Republican Party willing to take contributions to endorse a ballot measure last November that was clearly a veiled attempt to push the KT Communities' agenda. The university project faces concerns about using groundwater instead of treated water and creating a buffer between the development and nearby agricultural land.

The project - what is termed a regional university - is located on land owned by the Tsakopouloses and other investors in the unincorporated area of Placer County, near Roseville.

"Everyone knew the feud was going on between Weygandt and Tsakopoulos," Campbell said. "Tsakopoulos was openly looking for a candidate to run against Weygandt."

Others said 'no' but Simmons bought into the promise of power and position, Campbell added.

Simmons said the allegation that the Tsakopolous family bought him as a candidate doesn't take into account his stance that "no amount of campaign contributions would ever cause me to vote in a way that did no align with my principles."

"The Tsakopoulos family is supporting me because I support building a private university in Placer County," he said.

During a campaign for the advisory Measure H vote, filings with the election division show Kyriakos Tsakopoulos spent $222,000 in independent expenditures similar to funding being spent against Weygandt. Simmons was a major backer of the Measure H campaign.

"Tsakopoulos displayed Simmons prominently in his Measure H mail pieces," Campbell said. "Later, Tsakopoulos took Simmons around and told people Simmons was his candidate for Placer supervisor and they needed to give contributions."

The Placer County Republican Party took the step this spring of endorsing Simmons over Weygandt. Both are Republicans. Simmons is the Republican Party secretary.

"The bottom line is everyone has known for a while that Tsakopoulos has bought himself a candidate who would salute him and he was buying an election," Campbell said.

Simmons said that he has made clear to Angelo Tsakopoulos that he would not support any new major development that doesn't address traffic or quality-of-life issues in Placer County.

On the groundwater issue, with the Placer County Water Agency adamant that the university development should pay for piped, treated water, Simmons said that it wasn't a quality-of-life issue.

"Certainly all projects would need to meet the county's stringent approval criteria," he said.

Campbell said that Simmons has previously brushed off questions on the connection with the area's biggest developer, saying Tsakopoulos had never given him a cent.

"That was technically correct but it was Tsakopoulos who instructed people to donate to Simmons," Campbell said. "Now the connection is undeniable."

Kyriakos Tsakopoulos was unavailable Wednesday for comment.

The Journal's Gus Thomson can be reached at media.com.