Fuhrman Responds to Charges Alleging Misconduct

Menifee City Council member Tom Fuhrman today vowed to continue his campaign for re-election, saying his arrest Thursday for alleged improper use of his authority was an attempt by his "political adversaries" to "derail" his campaign.

Fuhrman, 70, was arrested by investigators for the Riverside County District Attorney's office Thursday morning as he came off the field after a senior league softball game at Wheatfield Park. He was booked at Southwest Detention Center in French Valley and released on $5,000 bail Thursday night.

According to a felony complaint filed today by the District Attorney, Fuhrman faces one felony count for alleged violation of Government Code section 1090 -- conflict of interest. He also is charged with four misdemeanor counts for alleged violation of Government Code 87100 -- using his official position to influence a governmental decision in which he knows he has a financial interest. In addition, Fuhrman is charged with three misdemeanor counts for alleged violation of Municipal Code 5.1.030 -- not having a business license.

In response, Fuhrman today released the following statement:

"I am a target because I am the outspoken advocate for the rural community of Menifee. I continuously fight to protect property and Constitutional rights. I have said I will throw myself on the sword for my people.

"My political adversaries continue to waste our tax dollars in an attempt to derail my campaign for re-election. The latest attempt is yesterday’s very public arrest orchestrated less than two weeks before the polls open.

"I cannot fight this battle alone. I need the voters to stand behind me against over-development, excessive government regulations and high fees. Menifee fees are the highest in the county. We must stand together to prevent the erosion of our fundamental rights."

Fuhrman said today he had not yet been notified of the charges filed this morning. He has not been given a court date.

Fuhrman said he was approached by an investigator for the DA's office after a recent city council meeting with a request to discuss the ongoing investigation. He said he chose not to discuss it that night and heard nothing more until Thursday's arrest.

"Robert Curtin talked to me after a council meeting about 9:30," Fuhrman said. "He wanted to do an interview. I was beat, I was tired, I was hurting and I hadn’t taken any medication. I told him we could do it another time. I suggested Oct. 29 or Nov. 6. He said he’d like to see me before then. I said that’s the closest we can get. And that’s the last I heard until yesterday."

Fuhrman is recovering from serious injuries sustained in a fall on his Wooden Nickel Ranch July 12.

John Hall, public information officer for the DA's office, said the felony conflict of interest charge involves action taken and statements made by Fuhrman in a city council meeting on June 18, 2013.

According to the minutes of that meeting, Fuhrman participated in discussion and cast the lone "no" vote regarding a proposal to approve an agreement with the legal firm of Dapeer, Rosenblit and Litvak for legal representation of the city in code enforcement matters.

Mayor Scott Mann stated during the discussion that the contract with an outside legal firm was proposed "to provide a detachment from an ethical standpoint for enforcement on Council member Fuhrman's property and others." Fuhrman was involved in an ongoing issue with city officials over alleged code enforcement violations on his ranch. Because Fuhrman works together with the city attorney on city matters, the use of an outside firm for code enforcement was suggested in order to avoid a conflict of interest.

Julie Biggs, city attorney at the time, stated that Fuhrman had been advised he was taking a risk in taking part in the discussion and vote, but that ultimately it was his decision. Fuhrman responded that he "is a member of this multitude of businesses ... in the rural community. This affects my constituents and that is the end of the story."

His decision to take part in that discussion and vote on the matter is the reason for the felony count, according to the felony complaint filed today.

Fuhrman today emphasized once again what he believes is his right to speak out and vote on any decision affecting his constituents.

"It didn’t affect the outcome of the vote," he said about the June 18, 2013 meeting. "If it was a swing vote, it would matter. If I’m on the losing end, who cares?

"I don’t have a financial stake in anything I’ve discussed. How can I represent the rural community? I’m in the same boat as all my constituents. So do I not represent them when I’m in the same boat with all of them? If everyone has to walk the plank, I’ll be the first."

According to the State Department of Justic website concerning Government Code 1090, "An official who commits a violation of section 1090 is subject to felony prosecution and civil and administrative sanctions. A person convicted of violating section 1090 is also forever disqualified from holding any office in this state."