On 1/21/2015, the San Diego Union-Tribune (
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"Nepotism alleged at Old Town shops
Shopkeep complains of favoritism for state park official’s kin
By Jeff McDonald | 6:59 p.m. Jan. 21, 2015
The official in charge of granting contracts for shops at Old Town San Diego State Historic Park testified Wednesday that she overlooked shortcomings in a proposal by the son of a park manager but her decisions did not taint the award.
Teresa Montijo, the California State Parks concessions manager, said waiving provisions for a partnership agreement and cash on hand was within her discretion and did not hinder the competitive bidding process.
“Any flaws that were overlooked in this proposal,” she said, would not have given “a material advantage to other proposers” had they been considered.
The allegations involve Jonathon Beery, 36, the son of Karen Beery, a longtime parks manager who is in charge of making sure the Old Town shops meet state interpretive standards. Concessions at the park must depict California between 1821 and 1872.
Beery and partner Antoinette Fisher run the Rust General Store, and their contract award to run an apothecary as well is being challenged at a state hearing this week.
Bidders were supposed to provide partnership information and show they had enough financial wherewithal to manage the contract. Montijo said she waived some provisions so the selection committee had the best applicants to choose from.
The testimony came in response to questions from attorney Scott Waddle, who is representing another Old Town concessionaire who claims the bidding process was fixed to benefit the park manager’s son.
State officials say the selection process is fair and awarding a contract to the son of a park manager who had no role in the selection process does not violate the department nepotism or conflicts policy.
“At no time was this contractor given any preferential treatment,” parks spokeswoman Vicky Waters said in a statement.
Beery was awarded the general store contract, which generates more than $200,000 a year in revenue, a few years ago.
Last year, Beery and Fisher were selected to open a second store on park property and the contract was put off after rival concessionaire Ana Salcido filed a formal protest.
Salcido, who operates other businesses in the park, complained that Karen Beery and other state officials improperly influenced the process in order to award the concession to Jonathon Beery.
Salcido claimed the selection committee wrongly scored several elements of the bids to make sure Beery’s proposal scored the highest and received the contract.
“The precedent this conduct is setting is very concerning,” Salcedo wrote in her complaint. “At this rate, the concessions in Old Town will soon be owned by mostly state’s employees and their relatives.”
Jonathon Beery said the award process is fair and he didn’t benefit from his mother being a top manager inside the park.
“It will come out in the end that, no, she didn’t have anything to do with it,” he said.
Salcido insisted on a protest hearing, the first in the state in years.
“It’s not only for Ana,” Waddle said during a break in the hearing. “It’s for the entire park system. It’s a matter of transparency, and it needs to be fair.”
Meanwhile, another concessionaire has told the U-T that the process for rebidding her contract was changed to help the park manager’s son.
The contract renewal process for the Cousins Candy Shop was delayed without explanation by state parks officials, said Judy McCord, proprietor for 15 years.
McCord said on Wednesday that park officials notified her in August that her 10-year contract would be put out to bid. She said the 10 years elapsed five years ago and she has been on a month-to-month lease since then.
State officials revised the bidding details last summer, she said.
Instead of requiring bidders to show annual revenue of $800,000-plus at an existing business, the successful concessionaire only needed to show $600,000 revenue in three years, McCord said, a change that made Jonathon Beery eligible to compete for her candy concession.
“They’re coming after me next,” McCord said.
Waters, the parks spokeswoman, did not respond to questions about the latest allegation.
The current protest hearing is expected to wrap up today. A decision from the administrative law judge is expected to be issued before the end of February."