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Kit Enger's Statement at the November 19, 2009 Board at the  Meeting

05 MR. ENGER: Good afternoon, Madam Chair and Board
06 members.
07 My name is Kit Enger. I'm president of Turnkey
08 Engine Supply, Oceanside, California. I also represent
09 the sand car builders or dune buggy builders of southern
10 California.
11 So that we together can address the systemic
12 enforcement problems, we need first to appreciate how our
13 small California businesses were and continue to be
14 treated by CARB enforcement staff.
15 As the leader of California Sand Car
16 Manufacturers, I proactively approached CARB in 2006 as
17 soon as I found out that brand-new emission standards were
18 in the pipeline for our recreational vehicles.
19 Our industry made substantial investments and
20 worked closely with the certification staff to make sure
21 the vehicles were certified.
22 Despite our efforts to cooperate, CARB
23 enforcement slapped our industry with a $600,000 penalty
24 without any explanation of how the penalty was calculated
25 or any acknowledgement of our efforts to comply. Our

01 industry had no idea that CARB was relying on illegal
02 underground regulations that had not been approved by the
03 Office of Administrative Law. Additional information on
04 our OAL petition and on this illegal underground
05 regulation is posted on our website.
06 Our small businesses in the sand car industry
07 have been devastated by CARB's $600,000 penalty. It has
08 contributed to five of our 38 members going out of
09 business, and one of them a suicide, permanently out of
10 business.
11 During the settlement negotiations, a CARB
12 enforcement officer stated to me two times, "If you guys
13 don't get on with this settlement, it doesn't matter to us
14 if you go out of business, change your name, move to
15 another state, or die, we will find you and attach your
16 assets."
17 CARB didn't even care about addressing the air
18 quality issues or my offer to recall all those cars and
19 fix them, bring them up to date. They just wanted the
20 money.
21 Our members have been required to send the
22 substantial penalty and settlement checks to Kerry Albert.
23 He was the lead CARB investigator in our enforcement case.
24 And I wonder, wouldn't it be like a standard accounting
25 procedure to simply send our checks to a CARB fund or an

01 escrow account?
02 We hardly agree with Mr. Jim Ridden's recent
03 commitment to informally investigate the use of collected
04 penalty funds. However, Mr. Ridden has offered to hire a
05 retired police officer to conduct the investigation. And
06 our group -- and we expect the public -- looks at this as
07 a potential coverup or some kind of whitewash.
08 ACTING CHAIRPERSON RIORDAN: You're going to have
09 to conclude.
10 MR. ENGER: I just want to make one more
11 statement. We respectfully request for CARB to rescind
12 our settlement as it was fraudulently obtained and
13 returned to our members the ill-gotten $600,000 penalty.
15 that's -- you can make part of the record your statement,
16 your written statement is what I'm trying to say.