Adelanto Issues Rare Legislative Subpoena to Mavericks G.M.

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By Staff Reports

(Adelanto) — The City of Adelanto is once again seeking to compel Main Street California LLC, doing business as the High Desert Mavericks, to provide proof that the team hired over 1,100 employees during the past three (3) years as the team alleges to have hired. According to Adelanto Mayor Rich Kerr, the City must adopt an Economic Development Subsidies Report that sets forth the public purpose of, and the estimated number of jobs created by, the economic development subsidy, broken down by full-time, part-time and temporary positions. This information sought from the LLC is critical for the Report.

Although ongoing negotiations caused a delay having the team’s General Manager Ben Hemmen appear before the City Council March 23 to provide the proof, the City has since re-issued a legislative subpoena to compel Mr. Hemmen to appear at the Council meeting on April 13, 2016, at 4:00 p.m. The legislative subpoena issued by Adelanto is different from a civil subpoena, and the issuance has no bearing on the two pending civil suits to be heard in Superior Court on April 4 and May 17.

“We believe we have to take this course of action because of the continued defiance by the LLC to act in good faith to find an amicable and equitable resolution,” said Kerr.

The Mayor went on to say that the City has provided Economic Development Subsidies to the Mavericks and that “we’re asking Mr. Hemmen to justify that the team has produced what it said the subsidies would be used for, namely the public purpose served and the number of employees hired by the team,” said Mayor Rich Kerr.

In a memo to Adelanto City Manager Cindy Herrera dated January 27, 2016, Hemmen produced raw numbers of 1,113 full-time, part-time and temporary employees hired by the LLC between the period of August, 2012 and 2015. But the information failed to verify and substantiate how the team arrived at the figures.

“By issuing the legislative subpoena we’re simply trying to find out substantiated and verified information relating to full-time, part-time and temporary employees,” said Kerr, information such as:

  • first and last name of each employee;
  • address of each employee—City only—no street address;
  • social security number, last four digits redacted; and
  • income earned by each employee for each year requested.

(The City has assured the LLC that all confidential information will not be disclosed to the public.)

In separate legal matters Adelanto has a court hearing on April 4, 2016, to oppose the LLC’s Petition to Compel Binding Arbitration and Breach of Contract claims, further, the City is seeking a preliminary injunction to keep the LLC out of the Stadium. Also, the City filed an Unlawful Detainer Complaint to evict the LLC, this matter will be heard on May 17, 2016.

For more information about the Legislative Subpoena filing contact Mayor Rich Kerr at (760) 246-2300 or by email: rkerr@ci.adelanto.ca.us

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